After the second round of interviews in late June, Gov. Scott Walker announced the final three contenders for the Supreme Court appointment. The three finalists include: Appeals Court judges Mark Gundrum, Thomas Hruz and attorney Daniel Kelly. Judge Mark Gundrum was appointed by Walker in 2011 to the Wisconsin District II Court of Appeals. Prior […]
Applicant Field for Supreme Court Vacancy Narrowed
Date Thu, Jun. 16, 2016 - 4:29pm By Hamilton
Gov. Scott Walker narrowed the field of Supreme Court applicants from 11 to five after the first round of interviews took place on June 13. The five finalists include: Appeals Court judges Mark Gundrum and Thomas Hruz, Jefferson County Judge Randy Koschnick, Marinette County Judge James Morrison, and attorney Daniel Kelly. Milwaukee area attorney Daniel […]
AG Opinion Validates Act 21 Limits on Agency Authority
Date Fri, May. 27, 2016 - 10:21am By Hamilton
On May 10, 2016, Attorney General Brad Schimel issued a formal opinion finding that 2011 WI Act 21 requires explicit delegation of authorities to agencies, making it clear that regulatory mandates may no longer arise from implied authority. Whether enacting rules, imposing permit conditions, or exercising public trust authority, the Department of Natural Resources (DNR) […]
Supreme Court Upholds Independence of State Superintendent of Public Instruction
Date Fri, May. 27, 2016 - 10:19am By Hamilton
In a split opinion, the Wisconsin Supreme Court upheld lower court decisions that 2011 Wisconsin Act 21 (Act 21) is unconstitutional as applied to the Superintendent of Public Instruction (SPI) and the Department of Public Instruction (DPI). Act 21 amended various provisions in the statutes that set forth procedures agencies must follow when promulgating administrative […]
Court of Appeals Puts a Hold on Dane County Right to Work Decision
Date Thu, May. 26, 2016 - 4:05pm By Hamilton
On May 24, a state court of appeals reversed Dane County Circuit Judge William Faust’s ruling not to grant a stay of his controversial decision that the state’s new right-to-work law was unconstitutional. The appeals court decision allows the right-to-work law to be in effect and enforceable pending appeal of Faust’s underlying decision. Wisconsin became […]
11 Applicants Vie for Open Wisconsin Supreme Court Seat
Date Thu, May. 26, 2016 - 2:34pm By Hamilton
Eleven applications have been submitted to Gov. Scott Walker to replace Wisconsin Supreme Court Justice Prosser, who announced his retirement in early May. The seat opens on July 31 after Prosser’s resignation takes effect. The applicant selected by Walker will hold the seat until it opens for an April 2020 election. Many consider this to […]
New Vacancy on State Supreme Court
Date Thu, May. 5, 2016 - 2:35pm By Hamilton
Wisconsin Supreme Court Justice David T. Prosser Jr. has announced he will retire from the highest court in Wisconsin later this summer with four years left in his term. In his letter of resignation Justice Prosser said, “Public service was the career I chose at an early age. The goal has been fulfilled… For me, […]
Whitford v. Nichol – How much partisan bias is too much?
Date Fri, Apr. 15, 2016 - 10:20am By Hamilton
Last Thursday, April 7, a three judge panel ruled that a group of voter’s challenge to Wisconsin’s 2012 redistricting map can head to trial. The Wisconsin Department of Justice had filed a motion for summary judgment on behalf of the defendants in the case. The Court ruled that deciding the case, as a matter of […]
Dane County Circuit Court Judge Strikes Down Wisconsin’s Right-to-Work Law, Appeal Anticipated
Date Fri, Apr. 15, 2016 - 10:08am By Hamilton
Friday, April 8, Dane County Circuit Court Judge C. William Foust struck down 2015 Wisconsin Act 1, Wisconsin’s Right-to-Work law. Under 2015 Wisconsin Act 1, “No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following: Refrain or resign from membership in, voluntary affiliation with, or […]
Frank v. Walker: Case Questioning Parts of Wisconsin Voter ID Law Receives Hearings
Date Fri, Apr. 15, 2016 - 9:47am By Hamilton
The Frank case is the progeny of the 2014 case where the 7th Circuit Court of Appeals declared 2011 Act 23, Wisconsin’s Voter ID law, constitutional. One set of plaintiffs from that case petitioned the federal district court to take up a series of issues that had not been resolved in the first case. Specifically, […]