Hunting advocacy group attempts to intervene in lawsuit over DNR board chair Frederick Prehn
Laura SchulteMADISON – A hunting advocacy group is asking to intervene in a legal battle over whether Frederick Prehn can remain on the Natural Resources Board even though his term expired this spring.
Hunter Nation, a Kansas-based advocacy group, is asking to intervene on behalf of hunters in Wisconsin. The group is being represented by the conservative Wisconsin Institute for Law & Liberty.
Anthony LoCoco, an attorney with WILL, said the group decided to intervene to ensure the voices of all parties are being heard in the argument over whether or not Prehn should be able to retain his seat, despite the fact that his term expired in May.
"Hunter Nation represents a valuable perspective in the suit, which is the voice of the regulated community," he said. "And they would like to intervene to argue that Chairman Prehn lawfully holds over in his seat."
Prehn has repeatedly refused to step down from his position on the board after Gov. Tony Evers announced a new appointee — Sandra Dee Naas — at the end of April. He has continued to chair board meetings and participate in votes since May, as Naas has watched from the public seating area at each.
In past interviews, Prehn has stated that important upcoming votes have fueled his desire to stay in the seat, including the August vote on the upcoming fall wolf hunt in which the quota was set at 300 animals, and other votes on water quality issues, including regulations for PFAS, or "forever chemicals." The wolf quota was more than double the 130 recommended by the agency.
He said a 1964 state Supreme Court decision allows for board members to stay on after their term expires, until a replacement is confirmed by the state Senate. According to that decision, the expiration of Prehn's term does not create a vacancy on the board. Vacancies only occur if there is a death, resignation, formal removal or the board member moves out of state.
So far, leaders of the Republican-led Senate have given no indication that they plan to schedule hearings for Democratic Gov. Evers' appointees.
But, in the lawsuit filed last week in Dane County Circuit Court, Attorney General Josh Kaul argues that the 1964 ruling no longer holds because state law has changed since then. He's asking the judge to issue an order removing Prehn from the board or confirming Evers has the power to do so, even without a confirmation hearing held by the state Senate.
State lawmakers also asked to intervene in the lawsuit after it was filed. Senate Majority Leader Devin LeMahieu of Oostburg said the action was necessary because the case is "about upholding the statutes and practices of the Legislature," and to prevent the erosion of the people's voice in the appointment process.
The Republicans' request was approved Friday, and two lawyers were hired to represent Prehn on the Legislature's behalf, in addition to the attorney already appointed to defend Prehn by the state.
LoCoco said Wisconsin members of Hunter Nation are affected by the decisions of the Natural Resources Board, which serves as the policy-setting arm of the Department of Natural Resources.
"Hunter Nation is regulated by the Natural Resources Board in all of their hunting activities," he said. "And so they have an interest in ensuring that the board is lawfully constituted, operating lawfully and not illegally spending taxpayer funds, since many of its members are Wisconsin taxpayers."
Hunter Nation is currently being represented by WILL in another open lawsuit against the DNR, tied to the February wolf hunt. The group filed the lawsuit after DNR officials said they didn't plan to hold a winter hunt during the 2020-2021 season. A judge ruled that the agency had to hold a hunt, which saw hunters exceed the state-licensed quota by 83%.
That case is still pending in Jefferson County Circuit Court.
A decision on Hunter Nation's intervention in the Prehn lawsuit, the decision now lies with Dane County Circuit Court Judge Nia Trammell. No hearings have yet been set in regards to the attempts by the Legislature or Hunter Nation to intervene.
AG challenger asks Kaul to drop suit, 'do his job'
The lawsuit filed by Kaul has drawn ire from others, including one of his Republican challengers in the 2022 election.
Fond du Lac District Attorney Eric Toney, 37, issued a release Monday calling on Kaul to drop the "political stunt" of a lawsuit. Toney announced his bid for the office in April.
Toney said the law is the law, and Kaul shouldn't be looking to change it.
"The law requires a confirmation hearing for the appointee to take over if there isn't a vacancy," he said. "The rule of law is what we have to abide by and the rule of law isn't always popular. The problem that we have is our Attorney General is continuing to play politics with the office."
Toney said he wants to see Kaul focus on filling vacant prosecutor positions, as well as the vacant position of Department of Criminal Investigation director and other unfilled positions instead.
"We need an attorney general who's actually going to fight crime and keep our community safe," he said. "And fill positions that have gone unfilled as we've seen a violent crime surge in our state."
Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura.