Feb. 28, 2013 – Following a year of contentious legislative proposals that sparked numerous legal challenges, State Senator Michael Ellis (R-Neenah) drafted legislation requiring the Wisconsin Supreme Court to take original jurisdiction over any legal challenge on the grounds that it violates Wisconsin’s Constitution.
Cale Battles is a government relations coordinator with the State Bar of Wisconsin. He can be reached at org cbattles wisbar wisbar cbattles org, or by phone at (608) 250-6077.
The proposal would require the court to issue a decision within 120 days after it is submitted. The court would be granted an additional 30 days if the court asks a circuit court or referee to issue findings of fact or damages.
Currently, the state supreme court does have discretion to take original jurisdiction if a party petitions the court. In a co-sponsorship memo Sen. Ellis circulated last week, he indicated the recent constitutional challenges of passed legislation has created confusion and lengthy court processes, which has created uncertainty about the future of passed laws.
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