News

Supreme Court to take up Green case

The Wisconsin Supreme Court announced Tuesday it will hear an appeal by former U.S. Rep. Mark Green, contesting an order that he return $468,000 from out-of-state political contributors.

Green attorney Don Millis said late Tuesday that the former congressman is ready to make a case before the state's highest court.

"I think we'll make the same arguments [as the appeals cases]," Millis said. "We filed our petition and it's pretty routine."

Green, who lost a bid at the governor's office in November, will be contesting an August State Elections Board ruling that ordered him to get rid of $468,000 in donations because the money came from political action committees outside Wisconsin and are not registered in the state.

Millis said he's not entirely surprised the Supreme Court decided to hear the case but added he would have "preferred it happened before the election."

After a Dane County judge refused to hear the case last year, the state Supreme Court said it would not make a decision on the case until after the Nov. 7 election. Democratic Gov. Jim Doyle defeated Green, a Republican, 53 percent to 45 percent.

The court fight became a constant issue during the gubernatorial race and some officials say the Elections Board's partisan vote encouraged many legislators to pursue the current ethics-reform legislation.

State Elections Board executive director Kevin Kennedy was unavailable for comment Tuesday night but told WisPolitics.com he thinks "all parties will welcome" the decision.

Should Green win the case, he may be able to keep the money for future campaigns or donate it to other candidates, charities or schools. If Green loses, it is unclear whether the money would be returned to contributors or donated to a nonprofit organization.

Reserve Judge William F. Eich was appointed by the court to proceed with the appeals hearings one day after the election. He ordered the petitioners yesterday to file their initial briefings by Feb. 22.

The governor's office did not return a message from The Badger Herald seeking comment late Tuesday night. However, Doyle has previously said Green's money transfer was wrong and that previous court decisions have proven its illegality.

— The Associated Press contributed to this report.