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Burnett County DA to consider criminal charge against Gableman

Burnett County's district attorney says he'll consider a request to criminally charge State Supreme Court Justice Michael Gableman.

Milwaukee County Board member John Weishan said Gableman broke a little-known law from 1911 that prohibits a person from making a "false representation pertaining to a candidate."

The state's Judicial Commission said Gableman put out a misleading campaign ad in March that attacked Justice Louis Butler, whom Gableman defeated in April.

Butler is from Milwaukee - the same place where Weishan's from.

Weishan is seeking prosecution in Burnett County, where Gableman was a circuit judge before joining the state's highest court.

Gableman campaign consultant Darrin Schmitz calls the matter frivolous and "another attempt by the left to circumvent the will of the voters."

The Wisconsin State Journal says the false representation law has only been used five times since 1979. One was convicted of it, while another was fined for harassment.

Meanwhile, attorney Samuel Gold has asked the Oneida County sheriff's department to investigate a Barack Obama ad which he says makes false claims about John McCain's health care plans.

Gold says the law is silly but it should be enforced as long as it's on the books.