A Waukesha County Circuit Court judge has sided with the Wisconsin Institute for Law & Liberty in a lawsuit to end a state budget carve-out that allowed Milwaukee County to withhold millions of dollars from the state’s Common School Fund.
Judge J. Arthur Melvin III signed an order on Aug. 12 granting the plaintiffs’ motion for judgment on the pleadings and issuing a permanent injunction against the Milwaukee County treasurer from enforcing the law.
In the final order, Melvin wrote, “The Court Declares that Wis. Stat. § 59.25(3)(j)1.c. violates Article X, § 2 of the Wisconsin Constitution and is therefore invalid.”
The Common School Fund, created by the Wisconsin Constitution, supports libraries in schools across the state. The constitution requires the clear proceeds of all fines and forfeitures to be deposited into the fund.
“This decision brings an end to an unconstitutional and costly money grab by Milwaukee County,” WILL Associate Counsel Lauren Greuel said. “WILL continues to oppose reckless mismanagement and unconstitutional overreach because taxpayers deserve a government that’s efficient, accountable, and operates within the law.”
Prior to 2025 Wisconsin Act 15, state law allowed all counties to keep 50% of the net proceeds from motor vehicle fines and forfeitures. However, the state budget gave Milwaukee County a unique exemption to keep 100% of those particular fines and forfeitures.
WILL represented two taxpayers in the lawsuit against Milwaukee County Treasurer David Cullen. The organization argued that the exemption meant Milwaukee County was contributing none of those funds, even while Milwaukee school libraries still received the benefits of the fund.
The State of Wisconsin’s Legislative Fiscal Bureau estimated the carve-out would cause a loss of $4.4 million to the fund over the current two-year state budget, or about $2.2 million each year.
Christine Stueland, a parent whose children would receive fewer resources without the county’s contributions, was one of the plaintiffs.
“I know that every dollar matters,” Stueland said in a statement released by WILL. “I am so thankful that WILL stood up for what’s right and protected the interests of taxpayers across Wisconsin.”
