The News: A Wisconsin judge today issued an oral ruling siding with the Wisconsin Institute for Law & Liberty (WILL) in its lawsuit challenging an unconstitutional carve-out that allows Milwaukee County to withhold millions of dollars from Wisconsin’s Common School Fund—just in time for the start of the school year.

Additional Background: This fund, created by the Wisconsin Constitution, supports libraries in schools across Wisconsin. The Wisconsin Constitution requires the clear proceeds of certain motor vehicle fines and forfeitures to be deposited into the fund. Historically, state law allowed counties to keep 50% of these funds, while depositing the rest into the Common School Fund.  

Last summer, a provision was tucked away in the Wisconsin state budget allowing Milwaukee County, and only Milwaukee County, to keep 100% of those particular fines and forfeitures in direct violation of the Wisconsin Constitution. Allegedly, the statute was changed to allow Milwaukee County to keep that money in order to pay for District Attorneys, however, nothing in state law or otherwise would actually require Milwaukee County to use the additional funds for that purpose.  

In his ruling the judge declared Wis. Stat. § 59.25(3)(j)1.c. unconstitutional and reverted the language of Wis. Stat. § 59.25(3)(j) back to what it was pre-2025 Wisconsin Act 15, meaning all counties, including Milwaukee County, may only keep 50% of certain motor vehicle fines and forfeitures and remit the remaining 50% to the Common School Fund. 

The Quotes: WILL Associate Counsel, Lauren Greuel, stated, “This decision will end an unconstitutional and costly money grab by Milwaukee County. WILL continues to oppose reckless mismanagement and unconstitutional overreach because taxpayers deserve a government that’s efficient, accountable, and operates within the law.”  

WILL Client, Christine Stueland, stated, “Especially right now, every dollar matters. I am so thankful that WILL stood up for what’s right and protected the interests of taxpayers across Wisconsin.”

Read and share the press release online.