Republicans sue attorney general in fifth lame-duck lawsuit
MADISON – Republican lawmakers late Thursday sued Democratic Attorney General Josh Kaul over lame-duck laws aimed at curbing Kaul’s power.
It’s the fifth lawsuit that has been filed over the laws since Republicans adopted them in December, just before Kaul and Democratic Gov. Tony Evers took office. But this time the lawsuit was filed by Republicans, rather than Democrats or those aligned with them.
The past lawsuits sought to strike down the lame-duck laws. This one contends Kaul isn’t following provisions that require him to get permission from legislators to settle lawsuits and give them control of settlement money.
“It is egregious that Attorney General Kaul is playing a game of political keepaway with potentially up to $20 million in funds that belong to hard-working Wisconsinites,” Assembly Speaker Robin Vos of Rochester and Senate Majority Leader Scott Fitzgerald of Juneau said in a statement.
Kaul contends the requirements governing how he must handle litigation apply only in limited circumstances.
“This is an attempt by the Legislature to use vague and poorly-written statutory language to substantially cut the budget for the Department of Justice, undermining public safety in Wisconsin,” Kaul said in a statement.
Republicans filed their lawsuit directly with the state Supreme Court just hours after conservative Justice Brian Hagedorn was sworn into office. Hagedorn’s presence on the court expands conservatives’ control of the court, giving them a 5-2 majority.
Lawmakers adopted the laws just after Republican Gov. Scott Walker and Republican Attorney General Brad Schimel lost their elections, but before their successors were sworn in.
The laws chipped into the authority of Evers and Kaul in numerous ways.
They require a committee of legislators, rather than the attorney general, to sign off on some court settlements. They put lawmakers in charge of signing off on any changes to public benefits programs. They require the Evers administration to rewrite thousands of government documents and websites. They give lawmakers the ability to more easily block rules written by the Evers administration and intervene in lawsuits challenging state laws.
At issue in the latest lawsuit are the provisions on court settlements.
Republicans argue Kaul must get permission from them before settling a broad set of cases. Any money from settlements must go into the state’s main account, they contend.
Kaul argues he needs to get legislative approval only in a limited number of cases and can set aside some settlement money for specific purposes.
The lawsuit says the state received more than $20 million in settlements from January to May, but Kaul has not put any of it into the general fund.
“This case involves an effort by the attorney general to effectively nullify a significant portion of the operation of (portions of the lame-duck laws) and thereby seize power for himself that belongs to the Legislature under statutes and the Wisconsin Constitution,” attorneys Misha Tseytlin and Eric McLeod wrote on behalf of Republican lawmakers.
Most lawsuits start in circuit court, but litigants can ask the Supreme Court to take a case directly. The justices will first have to decide whether to take the case and will likely ask for briefs and arguments if they do so.
In June, the justices ruled, 4-3, along ideological lines that the lame-duck laws were properly adopted.
Other lawsuits continue, but for now most of the lame-duck laws are in effect.