Petition for Disqualification fo Justice Louis B. Butler, Jr and for Rehearing

SUPREME COURT OF WISCONSIN



In the matter of attorneys fees in:
Grant E. Storms, plaintiff v. Action
Wisconsin Inc. and Christopher Ott, defendants.

JAMES R. DONOHOO,

Appellant,

vs.
Appeal No. 2006AP000396
ACTION WISCONSIN, INC. and
CHRISTOPHER OTT, Circuit Court
Case No. 2004CV002205
Respondents.



PETITION FOR DISQUALIFICATION OF
JUSTICE LOUIS B. BUTLER, JR. BY LAW
AND PETITION FOR REHEARING



Petitioner, the Appellant, appearing pro se, does hereby petition the Wisconsin Supreme Court as follows:
1. On June 5, 2008, the Wisconsin Supreme Court filed a decision reversing the Court of Appeals, District 1, decision of May 30, 2007.
2. Said decision was decided by a 4-3 vote. The majority decision was authored by Justice Ann Walsh Bradley, and joined by Chief Justice Shirley S. Abrahamson, Justice Neil Patrick Crooks, and Justice Louis B. Butler, Jr. The dissent was authored by Justice Patience D. Roggensack, and was joined by Justice David T. Prosser, Jr., and Justice Annette K. Ziegler.
3. The Petitioner has discovered information that Justice Butler was disqualified by law from participating in said decision.
4. Approximately two weeks before the decision was issued, Petitioner discovered, for the first time, a judicial complaint of Wisconsin Family Action filed against Justice Butler on March 28, 2008.
5. The Petitioner discovered this complaint by searching the Internet under Petitioner's name. Prior to that time, Petitioner had no knowledge of any of the relevant facts contained in the judicial complaint, except that Attorney Lester Pines had contributed $300 to Justice Butler's reelection campaign on July 23, 2007.
6. Since requesting disqualification of a judge at law is a serious matter, after discovery of the information contained in Wisconsin Family Action's judicial complaint against Justice Butler, the Petitioner needed some time to research the matter and evaluate all of the relevant information.
7. Therefore the Petitioner was not able to make an immediate decision on requesting disqualification at law.
8. The Petitioner also discovered during this time the additional facts cited in the Petitioner's memorandum which is being filed with this petition. Before the Petitioner could make a final decision on filing a petition to disqualify Justice Butler by law, the Supreme Court issued its decision on June 5, 2008.
9. The Petitioner would request that Justice Butler not participate in the decision on the petition for his disqualification by law.
10. The Petitioner is filing a memorandum in support of this petition contemporaneous with this petition.
WHEREFORE Petitioner prays for the following relief:
1. That the Court enter an order disqualifying Justice Louis B. Butler, Jr. by law pursuant to Wis. Stat. § 757.19(f) from any further participation in this case.
2. That the Court grant the petition for rehearing.

Dated this _26th___ day of June, 2008.


James R. Donohoo, Petitioner,
pro se


Subscribed and sworn to before me
this _______ day of June, 2007.


_______________________________

Notary Public, State of Wisconsin
My Commission:_________________