City of Milwaukee v. Wroten

The majority holds that a municipal court in Wisconsin has the authority to declare a municipal ordinance unconstitutional. The majority also holds that city of Milwaukee ordinance 2-138 (1979) is unconstitutionally overbroad on its face. Because I disagree with the majority's analysis and conclusions, I dissent. I would reverse the decision of the circuit court.

Municipal courts in Wisconsin are not constitutional courts;1 rather, they are the product of legislative enactment.2 As such, they have no jurisdiction except that which is conferred upon them by statute. While it may be presumed…