Honorable William M. Gabler, Sr. v. Crime Victims Rights BoardAnnotate this Case
Wis. Stat. 950.09(2)(a), (2)(c)-(d) and (3) and 950.11 are unconstitutional with respect to judges because they invade two exclusive aspects of judicial authority: the judicial power vested in the unified court system and the disciplinary function vested in the Supreme Court.
A formal complaint against Judge William Gabler was submitted to the Crime Victims Rights Board by a crime victim based on the judge’s decision to postpone sentencing in a criminal case. The Board found probable cause to conclude that Judge Gabler violated the complainant’s statutory and constitutional rights by postponing the sentencing. The Board determined that Judge Gabler was subject to the Board’s statutory authority to determine whether he violated the rights of a crime victim under chapter 950 and to impose a remedy. The Board then found that Judge Gabler violated the complainant’s constitutional right to timely disposition of the case as to which the complainant was a crime victim. The circuit court reversed the Board’s decision. The Supreme Court affirmed, holding that, because of its decision holding the statutory scheme unconstitutional as applied to judges, the Board’s decision against Judge Gabler was void.