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FIEDLER v. WISCONSIN SENATE

No. 89-0773-OA.

155 Wis.2d 94 (1990)

454 N.W.2d 770

STATE of Wisconsin EX REL. Hon. James P. FIEDLER, Circuit Judge, J. Denis Moran, Director of State Courts, and Richard J. Podell, Petitioners, v. The WISCONSIN SENATE and its President, Senator Fred A. Risser, The Wisconsin Assembly and its speaker, Representative Thomas A. Loftus, Hon. Donald Hanaway, Attorney General, Respondents.

Supreme Court of Wisconsin.

Decided May 10, 1990.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Irvin B. Charne and Thomas M. Williams and Charne, Glassner, Tehan, Clancy & Taitelman, S.C., Milwaukee and oral argument by Irvin B. Charne.

For the respondents the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

WILLIAM A. BABLITCH, J.

This is an original action challenging the constitutionality of sec. 757.48(1)(a), Stats., as amended by 1987 Wis. Act 355, which imposes a continuing legal education requirement on attorneys prior to their appointment as guardians ad litem. We conclude that Sec. 757.48(1)(a), as amended, improperly intrudes on a regulation of the practice of law that is exclusively within the province of the judiciary. Accordingly, we hold the statute void...

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