Substitution of Counsel

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WI Supreme Court

Case Name: Kristi Koschkee, et al. v. Tony Evers, et al.

Case No.: 2018 WI 82

Focus: Substitution of Counsel

This original action is before the court for the determination of preliminary motions related to two issues: (1) whether the respondents in this action, Superintendent of Public Instruction Tony Evers and the Department of Public Instruction, are entitled to counsel of their choice or whether they must be represented by the Department of Justice; and (2) whether Governor Scott Walker is a necessary party to this action.

We conclude that Evers and the Department of Public Instruction are entitled to counsel of their choice and are not required to be represented by the Department of Justice. Further, we conclude that the governor is not a necessary party to this action. Accordingly, we grant Evers’ and the Department of Public Instruction’s motion to deny substitution of counsel and to disqualify the attorney general from appearing on behalf of respondents and deny the Department of Justice’s cross-motion to strike the appearance by attorneys Ryan Nilsestuen and Benjamin R. Jones. We further decline to order that the governor be joined as a necessary party.

Granted

Concur: R.G. BRADLEY, J. (concurs in part) (dissents in part), joined by KELLY, J., GABLEMAN, J.,

Dissent: R.G. BRADLEY, J. (concurs in part) (dissents in part), joined by KELLY, J., GABLEMAN, J.,

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.