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TREWHELLA v. FIEDLER

No. 92-0949.

185 Wis.2d 499 (1994)

517 N.W.2d 689

CITY OF MILWAUKEE, Plaintiff-Respondent-(In T.Ct.)-Appellant, v. Chet N. KILGORE, Defendant-Appellant-(In T.Ct.)-Respondent, Matthew J. TREWHELLA, Scott B. Patterson, Ralph N. Ovadal, Daoud Faraj, Robert C. Braun, Wayne E. Rohde and All Others Similarly Situated, Plaintiffs-Respondents, v. Ronald R. FIEDLER, Secretary, Department of Transportation of State of Wisconsin, Honorable William J. Panagis, Honorable Stanley A. Miller and Honorable James A. Gramling, Jr. Judges of Municipal Court of City of Milwaukee and City of Milwaukee, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 17, 1994.

Attorney(s) appearing for the Case

For the plaintiff-respondent-(In T.Ct.)-appellant there were no briefs filed.

For the defendant-appellant-(In T.Ct.)-respondent there were no briefs filed.

For the defendant-appellant, City of Milwaukee, the cause was submitted on the briefs of Grant F. Langley, city attorney, and Rudolph M. Konrad, deputy city attorney.

For the defendant-appellant, Ronald R. Fiedler, the cause was submitted on the briefs of James E. Doyle, Jr., attorney general, and Stephen J. Nicks, assistant attorney general.

For the plaintiffs-respondents the cause was submitted on the briefs of Richard F. Tyson of Milwaukee.

Amicus Curiae brief was filed by Claire Silverman of League of Wisconsin Municipalities of Madison, WI.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Two related issues are presented in this appeal: (1) whether municipal court judges have statutory authority to order the suspension of drivers' licenses for failure to pay forfeitures for non-traffic related offenses; and (2) if they do, whether that statutory authority is constitutional. The trial court concluded that the statutes do not provide such authority and that, even if they do, the statutes are unconstitutional. We conclude, however, that under...

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