A lawsuit is challenging the constitutionality of a provision in the recently passed state budget that allowed Milwaukee County to shift $4.4 million in school library funding towards hiring more prosecutors.
The lawsuit, which was filed by the The Wisconsin Institute for Law & Liberty this week, names Milwaukee County Treasurer David Cullen and other county officials.
The lawsuit claims that the Wisconsin legislature violated the state constitution when it created a carveout in the 2025-2027 budget allowing the county to shift its Common School Fund earmark towards hiring more District Attorneys.
Christine Stueland, who is a former Menomonee Falls School District board member, was named as an injured party in the lawsuit and lamented the county being given ‘special treatment’ by the legislature. (RELATED: Wisconsin Test Results Show Choice Students Outperform Public School Peers, Again)
“It’s frustrating to watch politicians in Madison give Milwaukee special treatment while others are shortchanged,” Stueland said in a statement. “If we don’t fight back for fairness and equal treatment for all, it will only get worse.”
The Board of Commissioners of Public Lands, which manages Wisconsin’s Common School Fund, also voiced its concerns about the decision to shift funds in a September 2nd resolution. (RELATED: State Senator Accuses Milwaukee of Repurposing Funds for Police for Raises Elsewhere)
“BCPL recognizes Milwaukee County’s need for funding the District Attorney’s office, but not at the expense of a constitutionally created and protected trust fund that benefits public education,” the resolution states. “BCPL and the other parties seek a legislative solution that addresses the above concerns prior to commencement of litigation.”
While many people have voiced their opposition to the shift in funds, some have said it is necessary to address crime in Milwaukee. Milwaukee has continued to see an increase in major crime categories such as homicides and human trafficking, as the city’s embattled police department looks for a new contract and the courts face a backlog of cases.