Day: May 28, 2015

New Legislation on Motor Vehicle Liability

2015 Wisconsin Assembly Bill 92 (AB 92) increases monetary fines, creates a new criminal penalty, and limits the types of damages that are recoverable in lawsuits that derive from car crashes for those who do not have automotive liability insurance.

In March, Representatives Sanfelippo, Spiros, Weatherston, Tom Larson, Kapenga, and Jim Ott introduced AB 92 and the bill was referred to the Assembly Judiciary Committee. On May 11th a substitute amendment was offered by Representatives Horlacher, Jarchow, Jacque, Kulp, and Sanfelippo.

Under current law, all motorists who drive on state highways are required to have automotive liability insurance (with a few exceptions). If the driver is stopped by the police and they do not have insurance for their vehicle, then they can be fined up to $500. Current law also requires that a driver have proof of insurance on their person or in their vehicle. A driver can be fined $10 for not having proof of insurance.

The original bill greatly increased the monetary fines for driving without insurance. For a first offense a driver would have been fined $1,000 – $5,000. For a subsequent offense within three years of the first one, a driver would be fined $2,500 – $7,500. If an uninsured driver injured someone, they would be fined $5,000 – $7,500, but if the driver knew they were uninsured then they would be fined at least $10,000 and be subject to a class I felony.

The original bill also changed financial responsibility rules. Under current law if a court files a judgment against a driver for more than $500 of damage to another’s property caused by operating their motor vehicle, then the driver’s license is suspended unless they prove “financial responsibility.” To prove financial responsibility the driver needs to show the Department of Transportation that they have adequate liability insurance or deposit $60,000 with the Department of Transportation, which the Department will keep until the judgment is paid. Under the original bill, drivers who are convicted of operating a motor vehicle without insurance must prove “financial responsibility” with the DOT for five years after the conviction or have their license suspended.

The largest change from current law in the original bill was that it prohibited uninsured drivers from recovering non-economic damages against an insured driver when involved in a car accident regardless of which driver was at fault.

The substitute amendment reduced the proposed increases in monetary fees. Under the amendment, a first offense of driving without liability insurance would be a $500-$750 fine; Causing bodily harm while driving without liability insurance would be a $1,000-$1,500 fine; And causing death while driving without liability insurance would be at least a $2,500 fine and a class H felony.

The financial responsibility language was retained from the original bill.

The substitute amendment does not mention limiting the types of damages that an uninsured driver can recover in a lawsuit concerning an accident with an insured driver.

Patience Roggensack to stay Chief Justice – For Now

U.S. District Court Judge James Peterson ruled that Patience Roggensack could remain chief justice while Justice Abrahamson’s, the former chief justice, lawsuit unfolds. Justice Abrahamson sued shortly after Wisconsin voters chose to amend the state constitution to allow the state supreme court justices to determine who amongst them would serve as chief justice. Prior to the referendum the longest serving justice on the court took on the role of chief justice. Abrahamson became chief justice in 1996 and contends that she should retain the role until the end of her elected term. In a hearing deciding the issue, Judge Peterson said he did not see the irreparable harm of Chief Justice Roggensack administering the court system while this case is decided.

On April 29, the Government Accountability Board certified the constitutional amendment results, and later that day the court voted to have Patience Roggensack become chief justice. Justices Gableman, Ziegler, Prosser voted for Roggensack, and Justices Abrahamson, Bradley, and Crooks did not participate. Roggensack cast the deciding vote for herself.

Justice Abrahamson filed a lawsuit on April 8, a day after voters approved the amendment. In her complaint, Justice Abrahamson is seeking declaratory judgment from the court to determine when the new constitutional amendment will come into effect. She argues that the amendment is prospective only and therefore does not apply until the end of her elected term in 2019. Alternatively she argues that a retroactive application of the amendment would change the terms of her office which would violate the Due Process and Equal Protection clauses of the 14th Amendment of the U.S. Constitution. Abrahamson argues that she has a property interest in her office and it is being taken without due process of law. She further argues that retroactive application of the amendment violates the Equal Protection Clause because no other elected official elected to a full term and still able to hold office would be “prematurely ousted from office on that basis.”

Judge Peterson has determined that the case can be decided without a trial. He will hand down his decision after July 1, the deadline for the last brief.

U.S. Supreme Court will not take up John Doe Case – Decision pending in Wisconsin Supreme Court

As it relates to the current state of Wisconsin politics, the words “John Doe” have been omnipresent for what seems like Governor Walker’s entire tenure in office. The probe may be close to a conclusion as another challenge to the probe has been eliminated.

In the spring of 2014 Eric O’Keefe, Executive Director of Wisconsin Club for Growth, sued prosecutors in charge of the John Doe probe to hold them personally liable for violating his, and the Club for Growth’s, civil rights. U.S. District Court Judge Rudolph Randa ruled in favor of O’Keefe. The prosecutors appealed to the 7th Circuit Court of Appeals. The 7th Circuit reversed Judge Randa’s opinion, stating that the issues it raised should be decided by the state judiciary and dismissed the case. O’Keefe appealed to the U.S. Supreme Court in order to get the case reinstated and permanently block the probe. The Supreme Court denied certiorari last week, in effect rejecting O’Keefe’s appeal. The Supreme Court’s rejection ends O’Keefe’s case. However three cases concerning the probe are currently before the Wisconsin Supreme Court.

The state supreme court accepted three cases concerning the John Doe probe in mid-December 2014. Two cases were legal challenges from targets of the probe and a third was an action to reinstate the probe brought by special prosecutor Francis Schmitz. The court took up these cases after Judge Gregory Peterson determined the activities being investigated in the probe were not illegal. Schmitz appealed to the District Four Court of Appeals, based in Madison, arguing that Judge Peterson misinterpreted the campaign finance laws in question. The Court of Appeals rejected Judge Peterson’s ruling and the targets of the probe appealed to the state supreme court. The court decided not to hear oral arguments and rely solely on briefs when deciding the case. A decision is expected to be released this summer.