FLYNN v. DEPARTMENT OF ADMINISTRATION

No. 96-3266.

216 Wis.2d 521 (1998)

576 N.W.2d 245

Dennis J. FLYNN, individually and on behalf of other citizen users of the Wisconsin Court System, Plaintiff-Respondent, v. DEPARTMENT OF ADMINISTRATION, Mark D. Bugher, the Secretary of Administration, and Jack C. Voight, the Wisconsin State Treasurer, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided March 13, 1998.


Attorney(s) appearing for the Case

For the defendants-appellants the cause was argued by Peter C. Anderson, assistant attorney general, with whom on the brief (in the Court of Appeals) was James E. Doyle, assistant attorney general.

For the plaintiff-respondent there were briefs (in the Court of Appeals) by J. Ric Gass, John F. Hovel, Joseph S. Goode and Kravit, Gass & Weber, S.C., and of counsel Eugene O. Duffy and O'Neil, Cannon & Hollman, S.C., all of Milwaukee, and oral argument by J. Ric Gass.

Amicus curiae brief was filed (in the Court of Appeals) by Christine Stoneman, and John F. Ebbot, Milwaukee for Legal Action of Wisconsin.

Amicus curiae brief was filed (in the Court of Appeals) by Ward I. Richter and Bell, Metzner, Gierhart & Moore, S.C., Madison for the Wisconsin Chapter, American Board of Trial Advocates.

Amicus curiae brief was filed (in the Court of Appeals) by Daniel W. Hildebrand and DeWitt, Ross & Stevens, S.C., Madison for the State Bar Assocation.

Amicus curiae brief was filed (in the Court of Appeals) by Stephen W. Hayes, William A. Jennaro and Milwaukee Bar Assocation and of counsel R. Timothy Muth, Colleen D. Ball and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C.; Michael J. Morse and von Briesen, Purtell & Roper, S.C.; William J. Mulligan and Davis & Kuelthau, S.C., all of Milwaukee for the Milwaukee Bar Association.


¶ 1. WILLIAM A. BABLITCH, J.

The power of this court to declare invalid duly enacted legislation is an awesome one. It is a power that is largely unchecked, most always final. If we are to maintain the public's confidence in the integrity and independence of the judiciary, we must exercise that power with great restraint, always resting on constitutional principles, not judicial will. We may differ with the legislature's choices, as we did and do here, but must...

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