(The Center Square) – Wisconsin’s Supreme Court ruled unanimously against a law that requires the state’s attorney general to get approval of the Joint Finance Committee before reaching a settlement in many civil cases.
In late 2018, a new law was enacted that required legislative approval. That law came after Gov. Tony Evers and Attorney General Josh Kaul were elected but before they began their terms.
Kaul challenged the law, claiming civil enforcement actions and cases the Department of Justice bring for executive branch agencies are core executive functions, not subject to legislative approval.
“This unanimous ruling finally puts an end to the legislature’s unconstitutional involvement in the resolution of key categories of cases,” Kaul said in a statement. “As a result, the Wisconsin Department of Justice will be able to more efficiently resolve the cases that are impacted by this decision, including civil actions enforcing our consumer protection laws and civil actions enforcing our environmental protection laws.”
The ruling is a reversal of a prior ruling from the state’s Court of Appeals.
“As this court has explained over a series of cases, the Legislature’s constitutional responsibilities consist in making the law,” the ruling states. “Enforcing the law is a task vested in the executive branch. …
“We hold that settling these two categories of cases is within the core powers of the executive branch, and the statutory requirement to obtain JFC’s approval prior to settling these cases violates the Wisconsin Constitution’s separation of powers.”
Sen. Howard Marklein, R-Spring Green, said that the ruling wasn’t a big surprise and that the committee has quickly taken up and approved every settlement that came before it.
“I don’t think that anything big is going to change,” Marklein said.
