Political Tidbits

Wisconsin political news for clients and colleagues.

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Mar. 19, 2007

Starting this week, the State Legislature’s Joint Committee on Finance (JFC) will “take the show on the road” as it begins the public hearing phase of the 2007-09 budget deliberation process. As is tradition, the committee will travel to several areas of the state to offer the public, as individuals or through collective spokespersons, the opportunity to express opinions on the proposed state budget.

Following that process, the members of the JFC will begin to vote on items to be included or excluded prior to submission to the full Legislature for its input and final adoption—which is expected by July 1. After the Legislature’s action, the Governor will get another crack at the proposal by exercise of his powerful partial veto. If all goes according to schedule, we will have a new budget in place around August 1^st.

We have consistently reminded readers of the importance of the upcoming, April 3^rd, Supreme Court election. Below we have reported on a very troubling poll result regarding the lack of “connection” that potential Wisconsin voters have to our Supreme Court, despite the enormous impact that the Court’s decisions can have on our jobs and our lives. We again invite you to visit the brief bios on the candidates and links to their respective websites.

The poll’s findings do show, however, that once informed of strong arguments, on both sides, relating to judicial activism vs. judicial restraint, a solid majority of people opt for restraint as the best principle for the Court to follow.

Policy Developments

Doyle Signs Budget Repair Bill
On Friday, March 16, 2007, Gov. Doyle signed the Budget Repair Bill (SB-39) as 2007 Act 5. The enactment provides increased funding for child care services through Wisconsin Shares and supports the Department of Justice’s efforts to address the backlog at the State Crime Lab.

In addition to several technical corrections to the budget, the bill provides $30 million to address a shortfall in the Wisconsin Shares child care services program that serves low-income children. It also authorizes 31 new positions for the State Crime Lab within the Department of Justice, as well as provides $96,600 to immediately recruit and hire staff to address the current backlog of DNA analysis. As passed by the Legislature, the bill did not include the majority of transfers from segregated accounts to the general fund proposed by the Governor in his original bill.

SB 39 passed the Assembly (85-14) and the Senate (24-9) earlier last week.

Budget Briefings Wrapping Up
The Joint Committee on Finance held briefings on the Governor’s 2007-09 Biennial Budget Bill (SB 40), by representatives of state agencies, throughout the week of Mar. 12. Additional briefings, by the Dept of Justice, Dept of Public Instruction, Technical College System, HEAB, and UW System will be held on Thursday, March 22nd.

With the agency briefings coming to a close, Joint Finance will begin traveling across the state to take testimony at a series of public hearings in advance of shaping its version of the 2007 biennial budget proposal to be presented to the full Legislature later this spring.

Public Hearing Schedule

March 20 (Milwaukee)
10:30 a.m. - 4:30 p.m.

March 21 (Arlington)
10:00 a.m. - 4:00 p.m.

March 27 (Chippewa Falls)
12:00 p.m. - 5:00 p.m.

April 4 (Prairie du Chien)
12:00 p.m. - 5:00 p.m.

April 11 (Rhinelander)
12:00 p.m. - 5:00 p.m.

April 12 (Green Bay)
10:00 a.m. - 4:00 p.m.

Neither House will be on the floor again until April 17.

DOT Chief Re-confirmed
The State Senate on March 13 voted 27-6 to re-confirm Transportation Secretary Frank Busalacchi. The vote came amid questions relating to the DOT’s handling of a tax case involving companies of Dennis Troha of Kenosha who was indicted earlier this year.

DNR Staff Proposes Increased Mercury Regulations
The staff of the State Department of Natural Resources proposed new regulations on Thursday that would lead to a 90 percent reduction in mercury output at electric generating plants in Wisconsin by 2020.

The seven-member Natural Resources Board is expected to review the proposed regulations in Madison on March 28. If approved, the proposed rule changes will head to the Legislature as part of the legislative rule-making oversight process where they face a certain fight.

State to Continue Nuisance Suit Versus Cranberry Industry
On behalf of the Department of Justice, Deputy Attorney General Ray Taffora announced that the State would withdraw its appeal of a lawsuit against a Wisconsin cranberry grower. However, such a decision requires the Governor’s agreement, which was not granted.

The state’s appeal will continue and the Governor has appointed special counsel, David Gilles, a private practice attorney and former assistant Attorney General under then AG Jim Doyle.

Former attorney general Peg Lautenschlager and several out-of-state landowners filed the suit in 2004, accusing the cranberry grower of destroying Musky Bay by polluting it with runoff from his cranberry farm.

In April 2006, Bayfield County Judge John Anderson dismissed the nuisance suit, ruling that the cranberry grower’s farming practices were not unreasonable and did not impact the water in Musky Bay to such a degree as to create a public or private nuisance. The unsuccessful plaintiffs are now appealing that decision.

Study Highlights Legal Needs of Poor
A recently released study [Bridging the Justice Gap: Wisconsin’s Unmet Legal Needs] has found that nearly 80 percent of poor households in Wisconsin face legal problems without legal help.

The study stressed that the need for improved access to civil legal services is acute, finding that more than 500,000 low-income residents regularly face critical legal issues without legal assistance. Two thirds of households with children faced such an issue last year.

Funding by the state is needed to help provide a solution to this need. Wisconsin is the only state in the Midwest that provides no state funding for general civil legal services. (Ohio - $14 million, Minnesota - $12 million, Michigan - $7 million). Over 30 states provide at least a million dollars in funding for general civil legal services.

The committee’s primary recommendations are:

Funding from the State of Wisconsin is necessary to help close the Justice Gap
A permanent Wisconsin Access to Justice Commission should be established
Self-help centers should be established in every courthouse
Expanded use of non-lawyer advocates must be explored
Client contributions to the cost of services may be appropriate to expand access
Increasing court filing fees is NOT an appropriate solution to expanding access
The current $50 assessment on attorneys should be retained and the exemption for judges should be removed
Expanded pro bono contributions by attorneys should be explored

The study was commissioned in the wake of a legal debate in 2004 over the extent to which legal services are out of reach to those in need and who should contribute to a solution of the problem.

Hearing Set on Video Franchising Bill
The Assembly Energy and Utilities Committee will hold a public hearing March 27 on the “Video Competition Act,” as unveiled by Rep. Phil Montgomery and Sen. Jeff Plale. Montgomery chairs the Assembly committee and Plale chairs the Senate Commerce, Utilities and Rail Committee which will likely have jurisdiction in the Senate.

The bill would:

Centralize the licensing process at the state level, with a 10-day review period.
Redefine the current cable franchising process to include new video technology.
Require both cable and video providers to obtain a “video service” franchise in order to operate.
Require remission of 5% of gross receipts to communities the franchises serve. Payments would be made directly to the municipalities.
Retain current municipal authority over rights-of-way.
Retain public, educational and government (PEG) channels.

Red Cross Legislative Day
Legislative Day for the American Red Cross will be held on Wednesday, Mar. 21 in Madison. Featured speakers for the event include Christy Foertsch of the American Red Cross, and David Rudduck of the Midwest Chapter.

Wisconsin Politics

Likely Voters Demonstrate “Lack of Connection” to Wisconsin Supreme Court
According to a new survey paid for by the Federalist Society, only 22 percent of voters likely to vote in next month's Supreme Court election knew there are seven justices on the Wisconsin Supreme Court. Of those surveyed, 76 percent could not name a single sitting judge or current candidate.

Of those that could name a sitting judge or candidate, current candidate Annette Ziegler, was the name most frequently identified by respondents. Ziegler was named by 11 percent, while opponent Linda Clifford was identified by four percent. Chief Justice Shirley Abrahamson was the most identified sitting justice at nine percent. Two of the other sitting justices were identified by two percent, three by one percent and one was not identified by any of the respondents.

The survey of 500 likely voters was conducted by telephone March 1-4 and had a margin of error of plus or minus 4.5 percentage points.

Following an explanation of the concepts of judicial activism and judicial restraint, voters favored restraint over activism by a 55 percent to 31 percent margin. Forty three percent also said they would be most likely to vote for a candidate who would interpret the law as it is written while 30 percent would support a candidate who shares that person’s moral and political values.

Green Campaign, Elections Board Reach Settlement
The State Elections Board and Green for Governor campaign reached agreement last Friday relating to Republican candidate for governor Mark Green’s transfer of funds from a federal campaign committee to his state gubernatorial campaign. According to a release from the Elections Board, the vote was 7-2 to end the lawsuit, currently before the Supreme Court, over Green’s challenge.

The settlement prohibits Green from using the disputed funds to run for office, but allows payment of legal fees and contributions to other candidates for office.

Political News

Lack of state legal aid funding called 'justice gap': Milwaukee Journal Sentinel, Mar. 17, 2007.

Supreme Court hopeful denies conflict: Appleton Post-Crescent, Mar. 15, 2007.

Doyle's office slow on records requests: Appleton Post-Crescent, Mar. 15, 2007.

Cowles: State budget repair bill funded through raids: Green Bay Press-Gazette, Mar. 15, 2007.

Both parties engage in 'pay to play' (opinion): Tomah Journal, Mar. 15, 2007.

Wisconsin lawmakers approve bill to add DNA analysts: La Crosse Tribune, Mar. 14, 2007.

Besieged DOT head's second term gets OK: Madison Capitol Times, Mar. 14, 2007.

Wanted: Leaders to clean up politics: Madison Capitol Times, Mar. 14, 2007.

Lawsuit Proceeds Against Grower: Wisconsin State Journal, Mar. 12, 2007.

Quit stalling on film bill (opinion): Marshfield News Herald, Mar. 11, 2007.

Tax And Fee Boosts In Doyle Budget: Wisconsin State Journal, Mar. 10, 2007.