MADISON, Wis. (AP) – The Wisconsin Supreme Court has decided to take original jurisdiction of a case over how much policy-writing powers the independently elected state school superintendent has.
The court said Friday it would take the lawsuit brought by the conservative Wisconsin Institute for Law and Liberty. The group argues the Department of Public Instruction has been writing administrative rules without permission from Gov. Scott Walker’s administration as required under the law.
The court says it will hear oral arguments May 15 on the issue of whether state Superintendent Tony Evers can hire his own attorney. Evers is a Democrat running for governor and doesn’t want to be represented by the Republican-controlled Department of Justice.
The court is also considering whether Walker needs to be a party to the lawsuit.
Conservatives control the Supreme Court 5-2.