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PANZER v. DOYLE

No. 03-0910-OA.

271 Wis.2d 295 (2004)

2004 WI 52

680 N.W.2d 666

Mary E. PANZER, personally and as Majority Leader of the Wisconsin Senate, John G. Gard, personally and as Speaker of the Wisconsin Assembly, and Joint Committee on Legislative Organization, Petitioners, v. James E. DOYLE, in his official capacity as Governor of Wisconsin and Marc J. Marotta, in his official capacity as acting Secretary of the Wisconsin Department of Administration, Respondents.

Supreme Court of Wisconsin.

Decided May 13, 2004.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Gordon B. Baldwin, University of Wisconsin Law School, Ellen E. Nowak, legal counsel state assembly/speaker's office, Stephen L. Morgan and Murphy Desmond, S.C., Madison, and oral argument by Gordon B. Baldwin and Stephen L. Morgan.

For the respondents the cause was argued by John S. Greene, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

An amicus curiae brief was filed by State Senator Gary R. George, Madison.

An amicus curiae brief was filed by Douglas B.L. Endreson, William R. Perry, and Sonsoky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C.; Howard Bichler, Hertel; Jennifer L. Nutt Carleton and Oneida Law Office, Oneida; Douglas William Huck, Bowler; Kris M. Goodwill, Hayward; Larry Leventhal and Larry Leventhal & Associates, Minneapolis; David M. Ujke, Bayfield; Kevin L. Osterbauer, Odanah; Rebecca R. Weise, Black River Falls, on behalf of St. Croix Chippewa Indians of Wisconsin, Oneida Tribe of Indians of Wisconsin, Bad River Band of Lake Superior Tribe of Chippewa Indians, Stockbridge-Munsee Community, Ho-Chunk Nation, Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and Red Cliff Band of Lake Superior Chippewa Indians.

Amicus curiae briefs were filed by Thomas J. McAdams, Assistant District Attorney and E. Michael McCann, District Attorney, Milwaukee.

An amicus curiae brief was filed by Tori L. Kluess, Jodi L. Arndt and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, on behalf of the Green Bay Area Chamber of Commerce.

An amicus curiae brief was filed by Grant F. Langley, Patrick B. McDonnell and William J. Domina, Milwaukee, on behalf of the City of Milwaukee and Milwaukee County.

An amicus curiae brief was filed by Michael J. Kirschling and Stellpflug, Janssen, Hammer, Kirschling & Bartels, S.C., DePere, on behalf of Wisconsin Citizen Action and Bay Area Workforce Development Board.

An amicus curiae brief was filed by Brady C. Williamson, James A Friedman and LaFollette Godfrey & Kahn, Madison, on behalf of Menomonee Valley Partners, Inc., Teamsters Local Union Nos. 200 and 344, Milwaukee Building & Construction Trade Council, and Professional Firefighters of Wisconsin, Inc.; and by Kevin J. Wadzinski, and Gardner Carton Douglas LLP, Washington, D.C., on behalf of Indian Community School of Milwaukee, Inc.

DAVID T. PROSSER, J.

¶ 1. This is an original action under Article VII, Section 3(2) of the Wisconsin Constitution.1 The petitioners are Mary Panzer, personally and in her capacity as the Majority Leader of the Wisconsin Senate, John Gard, personally and in his capacity as Speaker of the Wisconsin Assembly, and the Joint Committee on Legislative Organization2

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