The week before the legislature was set to re-pass the collective-bargaining provision, three of the four conservative justices were ready to issue a ruling reinstating the union law as originally passed. Prosser, on the other hand, wanted to wait longer, to avoid the appearance that the court was rushing their decision through. Prosser thought he had an agreement with liberal Chief Justice Shirley Abrahamson to delay release of the opinion until Tuesday of the following week.
As Monday arrived, there was no word from Abrahamson on whether the decision would be issued the next day. At 5:30 p.m., Prosser and the other conservative justices marched around the chambers, looking for Abrahamson, who was found in Justice Bradley’s office. Prosser stood outside Bradley’s door, talking to the justices in Bradley’s office. The discussion got heated, with Prosser expressing his lack of faith in Abrahamson’s ability to lead the Court.
According to one witness, Bradley charged toward Prosser, shaking her clenched fist in his face. Another source says they were “literally nose to nose.” Prosser then put his hands up to push her away. As one source pointed out, if a man wants to push a woman who is facing him, he wouldn’t push her in the chest (unless he wants to face an entirely different criminal charge). Consequently, Prosser put his hands on Bradley’s shoulders to push her away, and in doing so, made contact with her neck.
At that moment, another justice approached Bradley from behind and pulled her away from Prosser, saying, “Stop it, Ann, this isn’t like you.” Bradley then shouted, “I was choked!” Another justice present replied, “You were not choked.” In a statement following the incident, Bradley maintained Prosser “put his hands around my neck in anger in a chokehold.”
On Monday night, Bradley called Capitol Police Chief Charles Tubbs joined the justices in a closed-door meeting, where he discussed “issues relating to workplace violence.”