Judge keeps in place ruling that dissolved redistricting contracts between GOP legislators and their lawyers

MADISON - A judge Monday kept in place his decision barring Republican lawmakers from hiring attorneys in anticipation of a lawsuit over congressional and legislative districts. 

Dane County Circuit Judge Stephen Ehlke late last month dissolved two contracts between legislators and their lawyers after he found state law did not allow them to hire the attorneys yet because no redistricting lawsuit has been filed. 

Republican legislative leaders asked Ehlke to stay his decision while they pursue their appeal. Ehlke declined to do that Monday, which means the Republicans can't use their redistricting attorneys for the time being. 

Attention now turns to the District 3 Court of Appeals in Wausau, which will next consider the case. 

States must draw new districts every 10 years based on population changes detected by the U.S. Census Bureau.

The maps can give one political party an advantage over the other. Republicans who control the Wisconsin Legislature fear Democratic Gov. Tony Evers will veto their maps. 

That situation would result in litigation, leaving it to courts to decide what maps to put in place. In anticipation of that, Republican lawmakers hired two law firms in December and January.

So far, lawmakers have spent about $103,000 in taxpayer funds on the two firms, records show. Legislators expected to pay them $1 million or more this year.

A group of Madison teachers sued in March, arguing state law didn't allow the legislators to hire their attorneys.

Ehlke agreed last month. On Monday, he declined to stay his opinion, saying he believed an appeals court was unlikely to overrule him. 

Legislative leaders entered into one contract with attorney Adam Mortara and Consovoy McCarthy, a boutique law firm that has represented former President Donald Trump and the Republican National Committee. They signed a second contract with the Madison law firm Bell Giftos St. John. 

It's unclear if taxpayers will be reimbursed for the payments that have already been made to the lawyers. Ehlke's decisions haven't addressed that issue. 

Evers has not hired attorneys for redistricting. He wants the lines to be drawn by a citizen commission he set up. Republicans say they don't believe the commission would act in a nonpartisan way.

Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.