The Wisconsin Supreme Court liberal justices' appointment of a Milwaukee judge as interim director of the state court system is unconstitutional, Republican legislative leaders alleged Thursday in a letter to the court.
Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu allege the state Constitution prohibits interim director and Milwaukee County Circuit Judge Audrey Skwierawski from holding any office of public trust besides judge during her judicial term, which expires July 2025.
"Her appointment, effective August 3, 2023, was unlawful and should be rescinded," Vos, R-Rochester, and LeMahieu, R-Oostburg, say in the letter. "The constitution demands no less."
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The letter marks the latest development in a saga that began when the new liberal majority fired the previous director earlier this week, a move that Wisconsin Supreme Court Chief Justice Annette Ziegler said was made “without regard for the Constitution, case law or Supreme Court rules which address who can fill such a position of public trust.”
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In the letter, Vos and LeMahieu point to a section of the state Constitution that says, "No ... judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected."
The director of state courts is an office of public trust, the GOP leaders say, "because it is an office created by legislative act and is delegated authority that is exercised independently for public benefit."
The leaders don't say whether they're going to sue over the appointment. But since they're alleging a state constitutional violation, any legal case seeking to resolve the matter would have to go through state courts. Such a case would likely be decided by the same Wisconsin Supreme Court majority that appointed Skwierawski.
But Skwierawski's new position may be considered a judicial office, meaning her appointment would be constitutional, according to an opinion issued in 2008 by then-Republican Attorney General J.B. Van Hollen.
"The phrase 'judicial office,' as used in the Judiciary article of the Constitution, should be construed as referring to an office that is located within the judicial branch of government created by that article," Van Hollen stated.
The director of the state court system reports directly to the chief justice.
The state court director is responsible for a variety of tasks, from developing the court system's budget to organizing judicial education courses, hiring court personnel across the state, developing policy handbooks for court staff and providing technical assistance to district courts.
Randy Koschnick, the former court director fired earlier this week, worked to alleviate the court reporter shortage across Wisconsin and won a State Bar of Wisconsin award for moving courts online during the pandemic.
The liberal justices have yet to provide a reason for firing Koschnick. A former Jefferson County judge, Koschnick was known for being conservative, but he has said that his political ideology didn't factor into how he did his job.
Short letter
Justice Jill Karofsky declined to discuss the matter on Tuesday. Liberal Justice Ann Walsh Bradley, who sent Koschnick the letter firing him, also didn't respond to a request for comment this week.
“We appreciate the contributions you have made to the Wisconsin Supreme Court and wish you the best in your future endeavors,” states one of the three sentences in the letter.
On Friday liberal Justice Rebecca Dallet issued a letter accusing Ziegler of litigating the court's internal matters in public, but the letter didn't address why they fired Koschnick.
The fact that liberals haven't explained why they fired Koschnick has angered Republicans and government transparency advocates.
"Part of the obligation of the Wisconsin Supreme Court to the citizens of the state is to be transparent about the reasons that it does things," said Bill Lueders, president of the Wisconsin Freedom of Information Council. "If there's a good reason for this decision, they need to bring it forward and tell the people what it is.
"If they don't give the public some reason ... for dumping Koschnick, the people are left to conclude that it was solely because he has a ideological perspective that they don't like, and that's not what they promised they would do," he said.
Interim director
Skwierawski, whose term began Aug. 3, is taking a leave of absence from her job as Milwaukee County Circuit judge to serve as interim director.
In their letter, Vos and LeMahieu refer to past case law stating that judges can't serve in other roles of public trust for the full length of their judicial term, even if they resign from the position in the middle of that term.
Skwierawski, who was appointed to the bench by former Republican Gov. Scott Walker in 2018, was previously a Milwaukee County prosecutor and a state Department of Justice prosecutor who served under two Republican attorneys general.
“I’m honored to have the trust of the Wisconsin Supreme Court,” Skwierawski said in a statement Wednesday. “I look forward to working with the justices, as well as judges and court staff across Wisconsin, to ensure that they have the tools and support to administer justice and serve the people of our state.”
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