The state Supreme Court today ruled Dem AG Josh Kaul has the power to deposit uncommitted settlement funds into accounts controlled by the Department of Justice rather than putting that money into the state general fund overseen by lawmakers.
But the court passed on deciding a question in the case on a second state statute that the justices raised on their own. Republicans had argued that law didn’t authorize Kaul to put settlement proceeds from civil cases into a DOJ account.
In doing so, today’s ruling leaves several questions unresolved over a 2018 lame duck law Republicans authored and the directives it places on the attorney general when it comes to who controls settlement funds.
Conservative Justice Rebecca Bradley torched her liberal colleagues for not addressing that second question. She argued in her dissent that taken together, the two statutes in the case make clear that Kaul must deposit all settlement money into the general fund to be disbursed by lawmakers, unless otherwise specified in state law.
>> WisPolitics is now on the State Affairs network. Get custom keyword notifications, bill tracking and all WisPolitics content. Get the app or access via desktop.
She accused the liberal majority of dodging the second question to reach a decision that is favorable to Kaul, who is up for reelection this fall.
