Wisconsin Supreme Court rules AG doesn’t need legislative settlement approval

(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.

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.”