Barland v. Eau Claire County

¶ 64. 0dissenting). I dissent. The majority opinion errs in two important respects. First, the majority mistakenly concludes that the power to bump a circuit court employee, despite the terms of a collective bargaining agreement, is an exclusive power of the circuit court and not a power shared with the legislative branch. Second, the majority purports to state a narrow rule, but the true impact of this rule will be hard to contain.

¶ 65. Based upon the Wisconsin Constitution and our constitutional case law interpreting shared powers, I would conclude that a circuit court shares power with the…