WisBar News

News and developments from the State Bar of Wisconsin.

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July 14, 2020 – In a per curiam opinion with four separate writings, a Wisconsin Supreme Court majority has ruled that Gov. Tony Evers violated his constitutional veto power when he partially vetoed provisions in the 2019-21 biennial budget bill. In Bartlett v. Evers, 2020 WI 68 (July 10, 2020), a majority could not agree on a rationale but a majority struck down partial vetoes relating to a school bus modernization fund (5-2), a local roads improvement fund (5-2), and a vapor products tax (4-3). Those vetoes are now invalid. On a fourth challenged veto, relating to a truck registration fee…
July 13, 2020 – The U.S. District Court for the Eastern District of Wisconsin has dismissed a lawsuit against State Bar of Wisconsin officers and all seven justices on the Wisconsin Supreme Court, a First Amendment challenge to the bar’s mandatory status. In June, the U.S. Supreme Court declined to hear a similar case that originated in the U.S. District Court for the Western District of Wisconsin, leaving in place Keller v. State Bar of California, 469 U.S. 1 (1990), in which the Court upheld mandatory status/dues. The State Bar was created by the Wisconsin Supreme Court as a mandatory…
July 9, 2020 – After former Gov. Scott Walker’s 2018 election defeat, the legislature enacted – and Gov. Walker signed – two major laws impacting the power and authority of the legislative and executive branches. Today, the state supreme court largely upheld them. Several labor organizations and individual taxpayers facially challenged 2017 Wisconsin Act 369 and 2017 Wisconsin Act 370, which require legislative approval of settlements by the attorney general and limits rulemaking authority, among many other provisions. Today, in SEIU v. Vos, 2020 WI 67, the Wisconsin Supreme Court issued two majority opinions, with concurrences and dissents…
July 6, 2020 – The Wisconsin Supreme Court has ruled (4-1) that a police officer did not violate a driver’s constitutional rights by asking him to exit the vehicle and searching him before issuing him a traffic citation for failure to wear a seatbelt. In 2013, a Fond du Lac police officer stopped the rental vehicle that Courtney Brown was driving after Brown rolled through a stop sign. He was not wearing a seatbelt. The officer questioned Brown and learned Brown was from Milwaukee. Brown said he was visiting a friend but could not provide the friend’s last name or…