Report: Prosser Not Hearing Supreme Court Cases Because Of Health Issue

State Supreme Court Justice David Prosser is not participating in oral arguments Friday, and the Milwaukee Journal-Sentinel is reporting that he isn’t there because of a health issue.

Prosser’s absence will leave six justices to hear several cases, which increases the chances of 3-3 splits among court members.

The newspaper said Prosser has not said if he will not participate in the cases at all, or whether he will participate in decisions when he recovers. The paper quoted sources close to Prosser as saying he would take the month off to recover from a serious health issue. However, they told the Journal-Sentinel it was non-life-threatening, and it wouldn’t affect his ability to remain on the court over the long term.

Prosser was appointed to the court in 1998 and was elected to a full term in 2001. He was re-elected in April following an emotional campaign that came after massive protests at the Capitol over collective bargaining.

In June, Prosser got into a fight with Justice Ann Walsh Bradley after they discussed a 4-3 decision that upheld the way Republican lawmakers voted to approve the collective bargaining law.

No one was charged in the case, but the Wisconsin Judicial Commission continues to investigate it.