On March 24, 2016, attorney Michael Maistelman sent thiscease-and-desist letter to interim Wisconsin Supreme Court Justice RebeccaBradley and also forwarded it as a formal complaint to the Wisconsin JudicialCommission. According to attorney Maistelman, Justice Rebecca Bradley’s falseand malicious claims were made at a Dane County Bar Association forum earlierin the week. You can read the letter below:
Via E-Mail:judgerbradley@gmail.com
Hon.Rebecca Lynn Grassl Bradley
WisconsinSupreme Court
16 EState Capitol
PO Box1688
MadisonWI 53701-1688
Re: Defamatory Statements regarding Scot Ross and One Wisconsin Now
DearJustice Bradley,
Thislaw firm represents One Wisconsin Now and its Executive Director, Scot Ross,individually.
OnMarch 22, 2016, while speaking at the Dane County Bar Association, you made thefollowing transcribed statement:
I also find itastonishing that she will repeatedly criticize people who are offering supportto my campaign. If we look at some of the people who are supporting my opponent'scampaign I can lodge the same exact criticisms against them. One Wisconsin Nowhas provided, I would put a million dollars plus on the value of what they'veprovided to my opponent's campaign. Theexecutive director of that organization is prolific on social media using someof the most hateful, disgusting and sexist language, including – and I hope thewomen in Wisconsin pay attention to this – regularlyusing the "C word" to refer to women with whom he disagrees. This is somebody who is providing substantialand extensive support for my opponent's campaign. (Emphasis added.)
Your claim that my client regularly uses the “C word” on socialmedia is false and defamatory. My clienthas never posted such a word on social media. It appears that you made this statement with actual malice, specificallythe knowledge that it was false or with reckless disregard of whether it wasfalse or not, considering the fact that you would not have seen such evidenceon which to base your statement.
Moreover, your statement is in violation of the Wisconsin Codeof Judicial Conduct, notably SCR 60.06 (3)(c), which governsmisrepresentations:
Acandidate for a judicial office shall not knowingly or with reckless disregardfor the statement's truth or falsity misrepresent the identity, qualifications,present position, or other fact concerning the candidate or an opponent. Acandidate for judicial office should not knowingly make representations that,although true, are misleading, or knowingly make statements that are likely toconfuse the public with respect to the proper role of judges and lawyers in theAmerican adversary system.
Additionally, yourstatement violates Wis. Stats. § 12.05[1],which states that “no person may knowingly make or publish, or cause to be madeor published, a false representation pertainingto a candidate[2]or referendum which is intended or tends to affect voting at an election.”(Emphasis added.)
Lastly, please beadvised of Wis. Stats. § 942.01[3],Wisconsin’s criminal defamation statute, as excerpted below:
(1) Whoever with intent to defame communicates any defamatorymatter to a 3rd person without the consent of the person defamed is guilty of aClass A misdemeanor.
(2) Defamatory matteris anything which exposes the other to hatred, contempt, ridicule, degradationor disgrace in society or injury in the other's business or occupation.
Myclient demands that you immediately cease and desist your unlawful defamationof One Wisconsin Now and Scot Ross. Should you fail to conduct yourself accordingly, my client will pursueall available legal remedies.
Please be aware that my client isfiling a copy of this letter as a formal complaint with the Wisconsin JudicialCommission.
Very Truly Yours,
MichaelS. Maistelman
MSM/mr
Enclosures
CC: Wisconsin Judicial Commission (Via emailw/enc.)
One Wisconsin Now (Via email w/enc.)
Scot Ross (Via email w/enc.)
