Justice Brian Hagedorn recently recused himself from participating in a case before the Wisconsin Supreme Court reviewing collective bargaining reforms affecting public union employees. The Wisconsin Supreme Court is considering a motion to bypass an appellate court review of a Dane County judge striking down elements of law.

Late last year, Dane County Circuit Court Judge Jacob Frost struck down key provisions of the 2011 law, including provisions barring general public union employees from negotiating for anything other than base wage increases (capped for inflation) and prohibiting public employee unions from forcing employees to pay dues. Judge Frost found the law improperly treats general employees differently from those who fall under the definition of “public safety” workers, who were excluded from the reforms. The latter group includes municipal police, deputy sheriffs, firefighters, and some members of the State Patrol. GOP lawmakers filed an appeal of Judge Frost’s decision with the Waukesha-based 2nd District Court of Appeals.

Justice Hagedorn recused himself from the case, concluding he was legally required to do so because he “provided legal counsel in both the initial crafting and later defense of Act 10, including in a case raising nearly identical claims under the federal constitution” while working as legal counsel then-Gov. Scott Walker.

All eyes are now on Justice Janet Protasiewicz and whether she, too, will decline to participate in the case. Republican lawmakers filed a motion asking her to do so because they argued she prejudged the case and cannot be impartial after indicating during her 2023 judicial campaign that she believed the law is unconstitutional. In addition, prior to being a member of the Wisconsin Supreme Court, Justice Protasiewicz, like Judge Frost, appears to have signed a 2011 petition to recall then-Gov. Scott Walker from office because of public employee union anger over the reforms.