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STATE v. JENSEN

No. 03-0106-CR.

279 Wis.2d 220 (2005)

2005 WI 31

694 N.W.2d 56

STATE of Wisconsin, Plaintiff-Respondent, v. Scott R. JENSEN, Steven M. Foti, and Sherry L. Schultz, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided March 23, 2005.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Stephen J. Meyer and Meyer Law Office, Madison (on behalf of Scott R. Jensen); Stephen L. Morgan and Murphy Desmond, SC, Madison (on behalf of Sherry L. Schultz); and Franklyn M. Gimbel, Kathryn A. Keppel and Gimbel, Reilly Guerin & Brown, Milwaukee (on behalf of Steven M. Foti), and oral argument by Franklyn M. Gimbel (on behalf of Steven M. Foti), Stephen J. Meyer (on behalf of Scott R. Jensen), and Stephen L. Morgan (on behalf of Sherry L. Schultz).

For the plaintiff-respondent the cause was argued by Barbara L. Oswald, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

¶ 1. PER CURIAM.

The court is unanimous in determining that the charges against the petitioners do not violate the doctrine of separation of powers. Further, the court is unanimous in determining that Wis. Stat. § 946.12(3) (2001-02), the statute that the petitioners have been charged with violating, does not here circumscribe legitimate legislative activity and, therefore, is not overbroad. The court is also unanimous in determining that the issues presented...

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