BARLAND v. EAU CLAIRE COUNTY

No. 96-1607.

216 Wis.2d 560 (1998)

575 N.W.2d 691

Thomas H. BARLAND, Paul J. Lenz, Gregory Peterson, Benjamin Proctor, and Eric Wahl, Circuit Court Judges for Eau Claire County, Plaintiffs-Respondents, v. EAU CLAIRE COUNTY, Defendant-Co-Appellant, AFSCME LOCAL 2223, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 13, 1998.


Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in the Court of Appeals) by Bruce F. Ehlke and Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks and Domer, Madison and oral argument by Bruce F. Ehlke.

For the defendant-co-appellant there were briefs (in the Court of Appeals) and oral argument by Keith R. Zehms, Corporation Counsel, Eau Claire.

For the plaintiffs-respondents the cause was argued by David C. Rice, assistant attorney general, with whom on the brief (in the Court of Appeals) was James E. Doyle, attorney general.

Amicus curiae brief (in the Court of Appeals) was filed by Thomas G. Cannon and O'Neil, Cannon & Hollman, S.C., Milwaukee for the Wisconsin Trial Judges Association, Inc.

Amicus curiae brief (in the Supreme Court) was filed by Robert Horowitz and Stafford, Rosenbaum, Rieser & Hansen, Madison for the Wisconsin Counties Association.


¶ 1. JON P. WILCOX, J.

This case is not about powers that are explicitly set forth or described in our constitution, or even mentioned in our statutes. Rather, it is about powers that "[f]rom time immemorial. . .have been conceded to courts because they are courts. Such powers have been conceded because without them they could neither maintain their dignity, transact their business, nor accomplish the purposes of their...

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