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WJI advocates for progressive change in Wisconsin’s justice system. Some of those changes can only come from legislation and who is positioned to make law. Being so, we are also committed to Wisconsin voter engagement. Whether different or supplemental electoral systems may serve voter’s interests is an open question. Some believe other systems may enhance turn voter out, de-escalate the political climate encouraging more citizen participation, and give the electorate more say as to who makes it on the

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Continue Reading Other Electoral Systems – Rank Choice Voting

Developers in Wisconsin should watch closely for any municipal zoning requirements that still reference protest petitions or super‑majority votes, which are now unenforceable. At the same time, municipalities should update their ordinances to avoid applying outdated standards.

Because these changes affect both sides of the development process, this article is intended to help municipalities and developers alike ensure their zoning ordinances remain accurate, updated, and fully enforceable.

For many years in Wisconsin, property owners neighboring a proposed development had

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Continue Reading Wisconsin’s Zoning Amendment Protest Petitions: What Developers and Municipalities Need to Know

This article was originally posted July 10, 2026, in the Marquette University Law School Faculty Blog. It is reprinted here with permission.

With few exceptions, the development and administration of water law (and environmental law more generally) have been the responsibility of either the federal government or the states. In matters related to the control of water pollution, for example, a “cooperative federalism” approach predominates. A federal statute, the Clean Water Act, provides the substance. Yet it is

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Continue Reading The Growing Role of Local Governments in Governing Water Resources

By Erik Reinthaler, WJI Intern

On a Thursday morning in July, people trickled into Racine Municipal Court for a docket made up mostly of traffic and ordinance violations. Some seemed to know where to go and what to do. Others needed to be reminded to check in on a computer near the courtroom entrance. As more people arrived, even other court-goers began pointing newcomers toward the sign-in.

Once court started, cases moved quickly. Defendants came forward, entered their pleas

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Continue Reading Court by Court: Observing Wisconsin’s Municipal Justice System

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The Milwaukee Common Council meeting on July 31, 2026. Photograph by Alexandria Staubach.
By Alexandria Staubach

Milwaukee Fire and Police Commission candidate Jordan Morales failed to obtain enough votes for confirmation at a Milwaukee Common Council meeting this morning after some alders shared concerns about his seeming complacency with the status quo.

The confirmation failed in a 6-6 tie with three alders abstaining.

The surprising vote comes after Morales was recommended by the Common Council’s Public Safety Committee last

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Continue Reading Milwaukee Common Council Dismisses Fire and Police Commission Candidate

Milwaukee is again facing a nearly $100 million dollar gap between what it wants to fund and the cash it will have in the coming year.Despite the shortfall, the Milwaukee Police Department’s budget is likely to significantly increase.

Proposed areas for cuts include election operations and civic engagement, library hours, sanitation and street maintenance.

Milwaukee Mayor Cavalier Johnson is seeking input from city residents as his office works to close the $96 million dollar gap. The city has posted

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Continue Reading Milwaukee Mayor Asks Residents to Weigh In on Budget Cuts as MPD’s Share of Expenditures Swells

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Milwaukee County’s Aaron Hertzberg speaking at WJI’s Salon on July 15, 2026, at Turner Hall in Milwaukee. Photograph by Margo Kirchner.

Aaron Hertzberg, Milwaukee County’s Executive Director of Administrative Services, spoke at Wisconsin Justice Initiative’s July 15 Salon about plans to replace Milwaukee County’s 100‑year‑old Public Safety Building. Hertzberg and Milwaukee County Circuit Court Chief Judge Carl Ashley spearhead the Investing in Justice: Courthouse Complex project, aimed at replacing the Safety Building with a modern, efficient, and safe justice

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Continue Reading Plans to Replace Milwaukee County’s Safety Building

Nearly a year after Milwaukee County Circuit Court Judge David Borowski found Milwaukee Municipal Court in contempt for failing to record indigency hearings as ordered, the municipal court has agreed to record all hearings for seven years.

The agreement is part of the settlement of a lawsuit brought by a client of Legal Action of Wisconsin, alleging that the municipal court failed to comply with statutory obligations to record certain hearings.

Milwaukee County Circuit Court Judge Paul R. Van

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Continue Reading Recording Battle Ends: Milwaukee Municipal Court Settles Lawsuit about Failure to Record Poverty Hearings

Since we last posted about the First Amendment rights of employees in 2012, the law has remained relatively stable but social media has exploded. And for the last 14 years, courts have been trying to figure out how speech made online affects the legal analysis regarding the First Amendment rights of government employees.
For a primer on the First Amendment rights of government employees, go back and look at Attorney Summer Murshid’s post from 2012. However, here are…
Continue Reading Social Media Posts and the First Amendment Rights of Government Employees

Workers at the construction site
Architects and investors meeting at the construction site, on top of the residential building under construction.

Wisconsin’s recently enacted 2025 Act 173, commonly referred to as the “Truth in Planning” law, introduces important changes to the relationship between comprehensive planning and zoning for municipalities. Act 173 represents a meaningful shift in Wisconsin land use law and reflects broader policy objectives related to housing availability and affordability. By requiring municipalities to plan for residential development in a more detailed and transparent manner, the legislature intended the updated statutes to reduce uncertainty and facilitate the construction of…
Continue Reading Truth in Planning Law Changes Planning and Zoning for Municipalities

ATV adventure
ATV or quad adventure in the forest

The registration of all-terrain vehicles (“ATV”) and utility terrain vehicles (“UTV”) in Wisconsin has steadily increased in recent years. A comprehensive study conducted by Daniel Lee Consulting LLC indicated that among Wisconsin residents, nearly 380,000 ATV/UTV registrations were issued in 2023 alone. This figure included only recreational licenses/registrations (not commercial), further illustrating the continued growth in recreational ATV/UTV use. These recreational vehicles are being used more and more on Wisconsin’s trails and roads. Being educated about the law that…
Continue Reading ATVs & UTVs in Wisconsin: Considerations for Municipalities

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All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.

ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or

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Continue Reading ATVs, UTVs, and Livestock on Wisconsin Roads

A Milwaukee County ordinance makes discrimination against housing voucher holders illegal, but enforcement is essentially nonexistent. A City of Milwaukee agency is now looking at the issue.

In 2018, then-Milwaukee County Supervisor Marina Dimitrijevec sponsored and helped pass the county ordinance that made discrimination against housing voucher holders illegal.

But the county failed to develop a serious enforcement mechanism and has never litigated a complaint, says Stefanie Ebbens, senior administrator of the Inclusive Communities Program at Metropolitan Milwaukee Fair

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Continue Reading City of Milwaukee commission to study lack of enforcement of housing voucher antidiscrimination laws

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The American Institute of Architects (AIA) publishes a widely used family of template-based construction contract documents, including A201, the General Conditions of the Contract for Construction. Many Wisconsin municipalities adopt these forms assuming they are balanced, neutral, and suitable for public-sector use without significant revision.

In practice, however, several provisions shift critical project risk away from contractors and toward municipal owners – particularly late in the project when system performance, commissioning, scheduling, and public expectations are most important.

Scott Smith headshot

Scott

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Continue Reading Five Terms Wisconsin Municipalities Should Revise Before Signing Construction Contracts

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made chemicals used across a number of industries. Their durability makes them ideal for various uses like stain protection in textiles, machine lubricants, and fire suppression. That same durability has led to their more common name, forever chemicals, as they do not break down easily in the environment and can persist in the human body for long periods. PFAS have been associated with an increased risk of certain…
Continue Reading The Shifting Nature of the PFAS Regulatory Landscape

Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.

It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.
An Example: Repairs
Repairs at

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Continue Reading Variations in the Legal Rights of Residential Landlords and Tenants