Justices form unlikely alliance while probing attorneys in public-records case

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Justices on the Wisconsin Supreme Court who are typically at odds with one another appeared to team up during an oral-argument session Thursday.

The justices heard oral arguments from parties in two cases. The first was Voces de la Frontera v. David Clarke, which involves Milwaukee County Sheriff David Clarke’s dispute with an immigrant-advocacy group that filed a public-record request asking for copies of every federal immigration-detainer forms he had received during a particular four-month period.

Clarke released forms but only after blacking out certain information. He was later ordered to release them in full. Clarke has argued that federal law prohibits him from complying.

Peter Earle appeared on behalf of Voces de la Frontera. Oyvind Wistrom of Lindner & Marsack appeared for Sheriff David Clarke.

When Earle was making his oral arguments, Justices Michael Gableman and Shirley Abrahamson asked him about the timing of Voces’ public-records request. When Earle did not directly answer Gableman’s initial question, Abrahamson interrupted, calling him out.

“This is an important factual matter,” said Abrahamson. “And Justice Gableman is asking it.”

Justice Abrahamson is one of two liberal justices on the court. Justice Michael Gableman is part of the court’s conservative majority.

Gableman later acknowledged it was an odd alliance.

“Justice Abrahamson and I, believe it or not, Mr. Earle, are asking the same question,” he said.

The second case the justices heard was McKee Family I LLC v. City of Fitchburg. This dispute involves questions over whether Fitchburg officials owe the developers of a proposed luxury-apartment complex compensation after having the project’s development site rezoned. The developers in the case, McKee, allege they had a vested right in the sight and that the rezoning resulted in an unconstitutional taking. Follow @erikastrebel