Wisconsin: Dane County judge refuses Supreme Court order on voter ID | Milwaukee Journal-Sentinel
In an unusual move, a Dane County judge has refused to dismiss a voter ID case as ordered by the state Supreme Court, writing that he believed doing so would violate his oath to uphold the state constitution. Instead of entering an order to terminate the case, Dane County Circuit Judge Richard Niess wrote in a brief order Thursday that he was instead stepping aside and having another judge dismiss the case. "The Wisconsin Supreme Court has ordered this court to deliver the coup de grace to this case by dismissing plaintiff's Amended Complaint on remand. However, doing so would violate my oath to 'support ... the constitution of the State of Wisconsin,'" Niess wrote, quoting from the oath that judges must take under state law. "Accordingly, I recuse." Niess did not return a call Tuesday. The case has been reassigned to Judge Ellen Berz, who has not yet acted on the case.
