Legislature, Josh Kaul sue each other in pair of lawsuits over lame-duck laws

Democratic Attorney General Josh Kaul

STEVE APPS, STATE JOURNAL

The Republican-controlled state Legislature and a former state lawmaker are suing Democratic Attorney General Josh Kaul and Gov. Tony Evers’ administration, alleging the Department of Justice is failing to follow rules for handling settlements stipulated in landmark legislation Republicans passed in 2018. 

Additionally, Kaul has filed a suit of his own in Dane County Circuit Court against the Republican Legislature involving the handling of settlements. Both cases represent a continuation of litigation both parties brought directly to the Wisconsin Supreme Court but that the court denied to take up. 

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The Legislature and Adam Jarchow, a former state representative from Balsam Lake, filed suit in Polk County Circuit Court last week against Kaul and Department of Administration Secretary Joel Brennan, alleging the two had violated provisions of state law requiring the DOJ to deposit all settlement funds into the state’s general fund as well as get approval from the state’s budget committee before entering into settlement agreements. 

The two provisions are part of controversial legislation Wisconsin Republicans and Evers’ predecessor, former Republican Gov. Scott Walker, adopted during a lame duck session in December 2018 curbing the power of Evers and Kaul after they were elected but before they took office. Since then, the DOJ and Legislature have butted heads over how the DOJ should follow the laws, but the Wisconsin Supreme Court last summer upheld the laws, rejecting arguments they were unconstitutional.