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Supreme Court considers collective bargaining law

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The future of the Governor’s collective bargaining law is now in the hands of the state Supreme Court. Justices heard over four hours of testimony Monday on a petition from the state, which calls on the court to overturn a Dane County Judge’s decision blocking implementation of the law.

Assistant Attorney General Kevin St. John argued the judge exceeded her authority in ruling the law was void because Republican legislators likely violated the state’s Open Meetings Law. St. John says that each day the decision is allowed to stand, it cause irreparable harm to the Legislature. [Read more…]

Panel looking at rules for judges

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Following recent complaints against members of the state Supreme Court, a Legislative Council study committee has been formed to examine whether Wisconsin’s laws for judicial recusal and discipline are strong enough.

State Representative Gary Hebl (D-Sun Prairie), who chairs the panel, says members are trying to figure out whether additional guidelines are needed in helping judges determine if a conflict of interest is present in a case, which would require them to step aside. The committee is also examining if sufficient measures are in place to properly determine if judicial codes of conduct have been violated. [Read more…]

Commission seeks to address unmet legal needs (AUDIO)

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How to meet the unmet legal needs of low and moderate income state residents is the charge of the new Wisconsin Access to Justice Commission. Marsha Mansfield is a member of the commission, which was created by the state Supreme Court in 2009 in response to a petition filed by the State Bar of Wisconsin. The issues the commission will address were spelled out in a report issued by the State Bar in March of 2007. “Five hundred thousand people in Wisconsin experienced an average of at least two civil legal problems a year,” explains Mansfield. “And the poorer families had an even higher need. So, many of the people who are from low income households go to court in Wisconsin, or go to an administrative hearing, and don’t have a lawyer.” [Read more…]

State Supremes okay vehicle searches

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The Wisconsin Supreme Court issues a pair of rulings which allow certain warrantless vehicle searches by police. In one case, Michael Littlejohn was arrested for driving with a revoked license. Officers searched Littlejohn’s locked car and found marijuana and cocaine. A search of the locked trunk revealed more marijuana, cocaine, and drug paraphernalia. Based on this evidence, the police obtained a warrant to search Littlejohn’s residence, where they found additional incriminating evidence.

[Read more…]

Motions filed in challenge to Impartial Justice law

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Motions have been filed in a legal challenge to the state’s law providing public financing to Supreme Court candidates. Ed Hughes is attorney for Common Cause in Wisconsin, the Wisconsin Democracy Campaign and other groups which are siding with the state. “Wisconsin Right to Life filed a motion for summary judgement, asking the court to decide the case in its favor, on the basis that there aren’t any factual disputes that would preclude the court from ruling as a matter of law that the challenge provisions of the Impartial Justice Act are unconstutional,” said Hughes. “The defendents . . . who were sued by Wisconsin Right to Life and are defended by the attorney general, also filed a motion . . . which is similar to the motion Wisconsin Right to Life filed.” Hughes says that motion simply asks the court to rule that the provisions of the law are constitutional. [Read more…]

State justices rule against dog-sitter

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The state Supreme Court has ruled against a woman in a dog attack case. It doesn’t really matter who let them out, or who owns them. If the dogs are staying under your roof, you’re liable, says the Wisconsin Supreme Court. The ruling stems from a case in Menasha, where a woman allowed a friend and his two dogs stay at her home. The dogs got outside and bit a neighbor, causing injury. The woman’s “bone” of contention: she didn’t own the dogs, so she shouldn’t be responsible. But the justices ruled she was barking up the wrong tree with that assertion, determining that she was “keeper” of the dogs and was thus responsible.

Robin Colbert, WIBA

Robin Colbert (:38) AUDIO: Robin Colbert reports (:38 MP3)

Doyle to sign Impartial Justice bill

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Governor Jim Doyle will sign the Impartial Justice Bill today. The bill, passed in both chambers of the Wisconsin Legislature, will provide full public financing for qualifying candidates for the Wisconsin Supreme Court who voluntarily agree to a spending limit of $400,000.

But where does that public financing come from? Jay Heck is with Common Cause in Wisconsin. “It’s an enhanced checkoff on the state income tax, of which two dollars will go just for supreme court justices,” explains Heck. “It’s then paid for out of the general fund, it that doesn’t provide enough.” Heck calls that about as secure a funding source as there is, although he notes other states do things differently. For example, North Carolina, assess every attorney $50. Heck says Wisconsin may want to tweak funding at some point in the future. For now, though, he’s pleased Governor Jim Doyle is signing the bill.

Bob Hague (:65) AUDIO: Bob Hague reports (:65 MP3)