MADISON – A signature matching the name of a Dane County judge overseeing a lawsuit to overturn the most controversial law in recent state history appears on a 2011 petition to recall a former Wisconsin governor who designed the collective bargaining measure known as Act 10.
Jacob Frost, who was appointed to the Dane County Circuit Court in 2020 by Democratic Gov. Tony Evers, appears to have signed a petition to recall former Republican Gov. Scott Walker over his signature legislative effort that all but eliminated collective bargaining abilities for most public workers.
His signature appears on the petition next to an address he lived at in 2011 before Frost was a judge, according to property records. Conservative radio show host Dan O’Donnell of WISN-AM first reported Frost’s signature on the petition.
Frost, who did not immediately return phone calls and an email from the Milwaukee Journal Sentinel, said Tuesday he plans to issue a ruling in the coming weeks on a motion to dismiss a lawsuit challenging Act 10, the Walker-era law that sparked massive protests and reshaped Wisconsin’s political climate for years afterward.
Reached by cell phone, the judge’s wife, Nichole Frost, was asked how to get in touch with the judge about the signature on the Walker recall petition. “Call his office,” she said, and then hung up.
The lawsuit argues the 2011 law violates equal protection guarantees in the state Constitution by dividing public employees into two classes: “general” and “public safety” employees. Public safety employees are exempt from the collective bargaining limitations imposed on “general” public employees.
Act 10 ended the ability of public-sector unions to negotiate over any issues other than raises, and those raises were capped at the rate of inflation. In addition, unions were required to hold annual elections to maintain their ability to negotiate for those raises. For those elections, they must win a majority of all eligible members, not just those who cast votes.
Evers on Wednesday said he did not think Frost’s signature on the Walker recall petition justified a recusal.
“I don’t think so,” he told reporters at an event in Madison. “Recusal is kind of a death knell of the judiciary. Let’s just let it play out.”
In 2012, former Dane County judge David Flanagan drew criticism for not disclosing he had signed the Walker recall petition while overseeing a case involving the state’s voter ID law signed by Walker. The state Republican party ultimately filed a judicial ethics complaint against him.
At the time, former Milwaukee County Circuit Judge Charles Kahn told the Journal Sentinel he would disclose he had signed the petition and likely recuse but stressed judges have a free speech right to participate in such activities.
“I don’t belong to any party, or back anyone in particular,” against Walker, Kahn said in 2012. “I just think as a matter of public policy the voters should get to decide. Other Republicans can run too.”
“I didn’t sign as a judge,” Kahn said. “I signed as a voter,” who’s voted in almost every election for more than 40 years.
The question of whether to recuse from cases involving the polarizing law arose during the 2023 race for Wisconsin Supreme Court, when Justice Janet Protasiewicz said while campaigning she would consider stepping away from cases involving the law because she signed the petition to recall Walker and participated in protests against the law.
“I’d have to think about it,” Protasiewicz told the Milwaukee Journal Sentinel in March 2023. “Given the fact that I marched, given the fact that I signed the recall petition, would I recuse myself? Maybe. Maybe. But I don’t know for sure.”
According to state and federal campaign finance records, Frost also has donated to Democratic and liberal candidates, including to $500 to Protasiewicz in March 2023 and two donations totaling $110 to the state Democratic Party.
Laura Schulte of the Milwaukee Journal Sentinel contributed to this report.
Molly Beck and Daniel Bice can be reached at [email protected] and [email protected].
Elaine Hadley is a dedicated journalist covering the ever-evolving landscape of U.S. news. With a keen interest in politics and a commitment to uncovering the truth, she provides insightful commentary and in-depth analysis on domestic issues. When not reporting, Elaine enjoys exploring the diverse cultures and landscapes of the United States.
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