No. 02-0375-OA.

263 Wis.2d 709 (2003)

2003 WI 103

666 N.W.2d 816

Honorable Jeffrey A. WAGNER, Petitioner, v. MILWAUKEE COUNTY ELECTION COMMISSION, Respondent, STATE of Wisconsin, Respondent.

Supreme Court of Wisconsin.

Decided July 10, 2003.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Michael A.I. Whitcomb and Michael A.I. Whitcomb S.C., Milwaukee, and oral argument by Michael A. Whitcomb.

For the respondent, State of Wisconsin, the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

An amicus curiae brief was filed by Howard B. Eisenberg and Joseph D. Kearney, Milwaukee, on behalf of Janine P. Geske, and there was oral argument by Joseph D. Kearney.

¶ 1. JON P. WILCOX, J.

On February 7, 2002, the Honorable Jeffrey A. Wagner (Petitioner), a circuit court judge in Milwaukee County, sought leave to commence an original action for declaratory judgment regarding the interpretation of Article VII, Section 10(1) of the Wisconsin Constitution. Although this court initially determined that it was unable to grant the petitioner's request for expedited review, we eventually granted the petitioner leave to commence...

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