Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Wisconsin | City of Milwaukee v. Kilgore, 517 N.W.2d 689, 697-98 (Wis. Ct. App. 1994) | Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue? | Collections of fines and fees by the court are permitted so long as their collection is not "clearly illegal." |
By enacting §§ 800.09 and 800.095, STATS., the legislature explicitly granted municipal courts the authority to suspend drivers' licenses. Whether that constitutes a lawful exercise of police power depends on + See morewhether it is rationally related to furthering a proper public purpose. See State v. McManus, 152 Wis.2d 113, 130, 447 N.W.2d 654, 660 (Ct.App.1989). That is determined by a two-step analysis. First, we consider whether the statutes promote a proper public purpose. Id. Second, we determine whether the statutory scheme is reasonably related to the accomplishment of that purpose. City of Milwaukee v. Kilgore, 517 N.W.2d at 696-97.
Courts must not interfere with the municipal exercise of police power unless the exercise is clearly illegal. J & N Corp. v. City of Green Bay, 28 Wis.2d 583, 585, 137 N.W.2d 434, 436 (1965). As the supreme court explained:
Municipalities glean their powers from the state constitution and statutes. Under sec. 62.11(5), STATS., municipal legislative bodies are granted the power
to act for the government and good order of the city, for its commercial benefit, and for the health, safety, and welfare of the public, and may carry out [their] powers by license, regulation, suppression, borrowing of money, tax levy, appropriation, fine, imprisonment, confiscation, and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants, and shall be limited only by express language. City of Milwaukee v. Kilgore at 697.
Conceivably, this rule is applicable to all state and local courts in the state of Wisconsin.
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