MADISON, WI (WTAQ) - State Supreme Court Justice David Prosser asked a fourth colleague Wednesday to withdraw from his ethics case.

In a formal motion, Prosser’s lawyer said Justice Patrick Crooks would be called as a material witness. And therefore, attorney Kevin Reak said it would improper for Crooks to cast judgment on Prosser if the case gets to the Supreme Court for a final decision.

The Judicial Commission has filed 3 charges that accuse Prosser of violating the state judicial ethics code during his physical altercation with fellow Justice Ann Walsh Bradley last summer.

An appellate panel would be asked to recommend what, if any punishment Prosser should get. And then the Supreme Court would have the final say. But Prosser said all the justices but Crooks witnessed the incident with Bradley – and therefore, they’re all required to recuse themselves from the case.

Prosser has also formally asked Bradley, Pat Roggensack, and Chief Justice Shirley Abrahamson to withdraw.

None have responded – but if they withdraw, there wouldn’t be enough other justices to rule on the matter.