MADISON, Wis. — An investigative report released on Wednesday disclosed that the leakage of a Wisconsin Supreme Court draft regarding an abortion case last year appeared intentional, although the responsible party remains unidentified.
In June, a draft order was leaked, indicating that the court was poised to address a case initiated by Planned Parenthood. This case aimed to affirm that access to abortion is a right enshrined in the state constitution. Approximately a week subsequent to the leak, the court officially accepted the case.
The draft order, which was not a final decision on the case, became public through Wisconsin Watch, an online news outlet.
The seven justices of the Supreme Court collectively issued a statement alongside the investigative findings, labeling the leak as “a breach of trust that the court had not encountered previously.” All justices expressed unanimous disapproval of the leak.
The leak in June was linked to one of two abortion-related cases pending before the court. Another case involves a challenge to the 1849 abortion ban brought forward by Attorney General Josh Kaul, with a verdict still awaited in this matter.
As of now, no date has been assigned for oral arguments in the Planned Parenthood case, which was the focal point of the leaked document.
Investigators embarked on a thorough inquiry, interviewing 62 individuals, including all seven justices, their staff, interns, and others with access to the draft order during a two-week period following its availability and leading up to the public revelation by Wisconsin Watch.
In the course of the investigation, network logs, personal web histories, shared folders, individual folders, and emails of employees with draft access were meticulously scrutinized.
Additionally, data from printers was assessed to ascertain whether anyone might have produced a hard copy of the draft.
“Every possible lead was investigated thoroughly, yet no suspects have been definitively identified,” the report stated. The investigation found no indication that the leak resulted from a computer system breach at the court.
The report mentioned that the draft order had been emailed to the personal account of Justice Ann Walsh Bradley, one of the liberal justices who supported hearing the abortion case.
Justice Bradley’s law clerk informed the investigators that forwarding significant documents to Bradley’s personal email was a routine practice.
This was the sole instance where the draft order was sent to an external email address before the story by Wisconsin Watch was published, according to the report.
Justice Bradley, who is stepping down at the end of her term in August, did not respond to inquiries on Wednesday concerning the report. Wisconsin Watch also refrained from commenting.
Dane County Circuit Judge Susan Crawford is set to succeed Bradley after her election to the court in April, thereby sustaining the court’s liberal 4-3 majority.
The investigation encountered challenges due to missing computer data. Notably, website visitation logs for two weeks preceding the Wisconsin Watch publication were incomplete; records from only June 26 and June 27 were unearthed, whereas logs from June 13 to June 26 had been requested. The article was published on June 26.
This deficiency “substantially impeded the ability to fully investigate the circumstances surrounding the leak,” the report explained. “This issue highlights the necessity for robust data management, retention, and verification procedures, particularly when vital information is indispensable to ongoing investigations.”
Because the court lacks an independent law enforcement body, an external investigator was engaged to probe the leak. Nonetheless, the source of this investigation was not pinpointed in the report.
To carry out the investigation and compile the report, three retired police detectives were retained, costing $165,740 as confirmed by a court system spokesperson.
State courts director Audrey Skwierawski stated her office is establishing a task force to scrutinize the report’s suggestions and devise strategies to prevent future such occurrences.
Probes into the Wisconsin Supreme Court’s internal affairs are seldom and complex. In 2011, a previous investigation occurred when Justice David Prosser was accused by Bradley of physically assaulting her, leading to an inquiry by the Dane County Sheriff’s Department. This was after the Capitol Police chief recused himself due to a conflict. Republicans later accused the sheriff of partisanship, being a Democrat supporting Bradley. Eventually, the Sauk County district attorney, acting as a special prosecutor, opted not to file charges.