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Inherent Authority

By: Derek Hawkins//June 5, 2019//

Inherent Authority

By: Derek Hawkins//June 5, 2019//

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WI Supreme Court

Case Name: State of Wisconsin v. Dennis L. Schwind

Case No.: 2019 WI 48

Focus: Inherent Authority

We review an unpublished summary disposition order of the court of appeals, which affirmed the circuit court’s order denying Dennis L. Schwind’s motion for early termination of probation. Schwind asserts that the Wisconsin Constitution gives circuit courts the inherent authority to reduce or terminate a term of probation for cause. He argues that Wis. Stat. § 973.09(3)(d), which directs the circuit court that it may reduce or terminate a term of probation if six requirements are met, cannot restrict the court’s inherent authority to reduce or terminate a term of probation for cause.

We conclude that the circuit court does not have inherent authority to grant Schwind’s motion for early termination of probation. Inherent authority of courts consists of only those powers that are necessary for the judiciary to accomplish its constitutionally mandated functions and preserve its role as a coequal branch of government. Probation is a statutory creation, and the power to reduce or terminate a term of probation is not necessary for courts to accomplish their constitutionally mandated functions. Therefore, Wisconsin courts do not have the inherent authority to reduce or terminate a period of probation. Accordingly, we affirm the decision of the court of appeals.

Affirmed

Concur: DALLET, J. concurs and dissents, joined by A.W. BRADLEY, J. (opinion filed).

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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