In a ruling strongly symptomatic of the caustic bipartisan divisions that have come to define the political climate of both Wisconsin and the nation as a whole, late last month the Wisconsin Supreme Court shamefully failed to hold itself accountable to the standards and laws entrusted to it.

In a 3-3 split along party lines, the court deadlocked on a decision regarding the ethical conduct of their own Justice Michael Gableman in one of his 2008 campaign ads.

The Court was charged by the State Judicial Commission to review whether Gableman violated judicial ethics and lied about his opponent, former Supreme Court Justice Louis Butler Jr., in the ad.

Unable to agree, in a highly unusual move, the liberal and conservative blocs on the court issued separate opinions more reminiscent of playground politics than the official proceedings of the highest court in the state.

The three conservative justices on the court expectedly sided with their ideological brethren and refused to admit any ethical malfeasance, arguing though potentially misleading, nothing said in the ad was patently false.

Authorized and paid for by Gableman’s campaign, the ad is shamelessly misleading and highly inappropriate for anyone seeking the highest seat of legal authority in the state.

The ad in question contended “Louis Butler worked to put criminals on the street, like Reuben Lee Mitchell who raped an 11-year-old girl with learning disabilities. Butler found a loophole. Mitchell went on to molest another child.”

What the ad fails to mention is that Butler was a public defender when he represented Mitchell, and was assigned to his case as part of a vital provision in Wisconsin law that ensures legal representation to those who may not be able to afford it.

Moreover, the “loophole” in question was a decision passed down by the Court of Appeals, which states that because of certain legal errors, Mitchell deserved a new trial. This decision was overturned by the Supreme Court, and Mitchell went on to serve his full sentence, committing the second crime only after he was released.

In somewhat of a perfect irony, however, it was Gableman who truly benefited from a legal loophole in the end.

With Gableman’s lawyers declaring victory and no clear precedent for the judicial commission to pursue further action, it appears Gableman will see no repercussions. This is an outcome that not only degrades the integrity of the state’s legal system, but one that potentially leaves the door open for similar ethical digressions in the future.

Regardless of whether the facts in the ad were facially true, it seems quite clear they were knowingly and undeniably crafted to convey a false message. For this, there is no excuse nor justification.

This is the type of bipartisan buffoonery we have regrettably come to expect from other branches of government. The judicial branch, however, entrusted with impartially upholding the laws and Constitution that form the foundation of the American system, has, historically at least, maintained an appearance of isolation from such juvenile party theatrics.

And it should. Constituting the final and ultimate check on the other branches, the expectation that the judiciary will uphold and impartially apply the law and act for justice in all circumstances is an irrefutable necessity of our political system.

It was in recognition of this necessity that the framers of the Constitution laid out the rigorous appointment process for justices on the United States Supreme Court.

When an elective process all but requires party pandering for a candidate to win a seat, an appointment system, requiring approval and extensive vetting from other legislative bodies, negates the impetus for such petty political tricks.

Unfortunately, the Gableman case, though a glaring one, is only the latest instance of judicial impropriety that has begun to erode public trust in the court.

In the interest of preserving the rule of law and the integrity of our legal system, the election process for Supreme Court justices in Wisconsin needs a thorough examination.