Senate bill would expand venues

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All 72 counties in Wisconsin would be eligible to host court cases that feature the state as a lone defendant under a proposed bill working its way through the Senate.

But some judges and elected officials worry the move could overwhelm smaller courts that may be less equipped to handle larger cases.

Senate Bill 117 allows individuals who are suing the state, a state board, commission or employee to choose in what county the case will be filed, amending current state law that mandates Dane County as the lone county to manage such cases. The bill was approved last week by the Senate Judiciary, Utilities, Commerce and Government Operations Committee and likely will be considered by the full governing body later this year.

Counties with smaller court staffs than Dane County could be devastated by taking on such cases, said Kenneth Kutz, a circuit court judge in Burnett County.

“If it’s a major lawsuit brought to the state and it’s very time consuming, that would cost us a ton of money,” he said. “And I’m the single judge (in Burnett County), and one case could potentially force us to set aside a week to a month of court time, and everything else goes by the wayside.”

State Sen. Rich Zipperer, R-Pewaukee, and who was among the senators to introduce the bill, said the measure is being presented because such court cases should not be heard by only one set of judges.

“The concern is that the voters of one county and the judges of one county are, under current law, put in a position that the voters and judges in the rest of the state are not allowed,” Zipperer said. “I don’t think the voters of one county should have preference over all other counties.”

Bill Stewart, who is one of two circuit court judges in Dunn County, agreed handling these cases could present problems for his area, however.

“If you sent one of these to Dunn County, there’s no way that we have the resources, both at the county level and in terms of our judges and support staff, to handle these kinds of cases,” Stewart said. “We could, with a lot of work, understand (the case), but we’re not as well equipped as judges who sit in (Dane County).”

Of the state’s 72 counties, 30 are staffed with just one circuit court judge, according to the Wisconsin Court System website.

If the bill passes, Kutz said, the state would still have the option of requesting a change of venue to Madison. That decision could be granted by the assigned judge.

Circuit Court Judge James Babler of Barron County said he likes the idea of expanding the ability for plaintiffs to file beyond just Dane County. The county selected should have some connection, whether in witnesses or evidence, to the actual case, however, he said.

Beyond the staffing issues, State Sen. Fred Risser, D-Madison, said he also feels judges further removed from the southern portion of the state will not be as abreast of such legal issues as those in Dane County.

“For the plaintiff to pick out any of the 72 counties makes absolutely no sense whatsoever,” Risser said. “It’s incomprehensible to me why this is even being proposed other than for people who would like to sue the state and would like to judge shop around to find a judge not knowing anything of what’s going on.”

Babler said judges farther north are just as qualified, however.

“I reject the idea that because you’re a judge in northern Wisconsin, you couldn’t understand or handle complex issues,” he said. “Just because one is north of highways 10 or 29 doesn’t mean you aren’t intellectually capable of handling those. Judges get confronted with unique cases all the time, that’s what we get paid to do.”

Adam Wise can be reached at [email protected].