Legal Opinion
State Ex Rel. Fiedler v. Wisconsin Senate
Wisconsin Supreme Court
Decided May 10, 1990No. 89-0773-OAPublishedCited by 51 opinions
1Opinion of the CourtWilliam A. Bablitch, J.
This is an original action challenging the constitutionality of sec. 757.48(l)(a), Stats., as amended by 1987 Wis. Act 355, which imposes a continuing legal education requirement on attorneys prior to their appointment as guardians ad litem. We conclude that sec. 757.48(1) (a), as amended, improperly intrudes on a regulation of the practice of law that is exclusively within the province of the judiciary. Accordingly, we hold the statute void as an unconstitutional violation of the separation of powers doctrine.
The facts are stipulated. On April 14, 1987, Assembly Amendment 1 to 1987 Assembly…
2Cases cited12 opinions
- State v. HolmesWisconsin Supreme Court · 1982
- In re CannonWisconsin Supreme Court · 1932
- State Ex Rel. Lynch v. ContaWisconsin Supreme Court · 1976
- In Re Constitutionality of Chapter 315, Laws of 1943Wisconsin Supreme Court · 1943
- In re Constitutionality of Statute Empowering Supreme Court to Promulgate Rules Regulating Pleading, Practice, & Procedure in Judicial ProceedingsWisconsin Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Tetra Tech EC, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 2018
- Linda A. Leaf and Andrew B. Haynes v. Supreme Court of the State of Wisconsin, Board of Attorneys Professional Responsibility, Gerald SternbergCourt of Appeals for the Seventh Circuit · 1992
- State Ex Rel. Friedrich v. Circuit Court for Dane CountyWisconsin Supreme Court · 1995
- Flynn v. Department of AdministrationWisconsin Supreme Court · 1998
- State v. HornWisconsin Supreme Court · 1999
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