After seeing Dane County judges strike down the collective bargaining and voter ID laws, four state legislators are introducing a bill that would limit the ability of circuit court judges to do so.
The bill’s author, Rep. David Craig, R-Big Bend, is looking for more cosponsors on the bill, which he said would ensure local judges have less say in statewide laws, according to an email obtained by The Badger Herald.
“We are introducing [this bill] to address the legal uncertainty Wisconsin residents and businesses are subject to as a result of injunctions on state statutes, ordered by judges only elected by a fraction of our state’s population,” the email said.
Rep. Alvin Ott, R-Forest Junction, Sen. Glenn Grothman, R-West Bend, and Sen. Leah Vukmir, R-Wauwatosa, back the bill, according to the email.
Laws can still be appealed, but under the bill, the law would still be in effect throughout the appeals process. Currently, if a circuit court judge rules against a law, the law is struck down until higher courts decide on it.
A Dane County judge struck down the collective bargaining law last year, and the Attorney General’s efforts to seek a temporary hold on his ruling until the appeals process is over has failed. Two Dane County judges also ruled against the voter ID law.
The email said circuit court judges can currently go against the will of the Legislature and the governor, both of which are elected by voters throughout the state.
“This legislation would facilitate a fair and more efficient judicial system by ensuring that one judge cannot prevent the implementation of state law without an expedited review by a higher court,” the email said.
Sen. Fred Risser, D-Madison, said the current law permits the potentially unconstitutional law to be revoked so there is ample time for higher courts to consider the case.
He called the bill a mistake and a violation of the separate branches of government, which Assembly Minority Leader Peter Barca, D-Kenosha, agreed with.
“This is inherent in the judicial powers,” Risser said. “If the judiciary feels the bill the legislature passes is unconstitutional, they should stop it.”
However, the email from the four sponsors maintains the bill would keep the three branches of government separate, but equal.
Barca criticized the bill’s sponsors for saying judges should not have the ability to block state laws because they are not elected statewide.
“It is also interesting the authors mention concern for how many people elected them, when Assembly Democrats received 174,000 more votes than Assembly Republicans statewide in the last election,” Barca said in a statement.
