Judge Rules Against Milwaukee County Diversion of School Library Funds
State budget provision diverted money to fund DA positions. WILL filed legal challenge.
Photo by Jessica Ruscello on Unsplash
A Waukesha County judge has ruled a provision that allowed Milwaukee County to redirect funds slated for a state school library fund is unconstitutional.
The decision came after the Wisconsin Institute for Law & Liberty, or WILL, filed a lawsuit last year arguing the budget provision was an “unconstitutional carve out.”
The Common School Fund, which is managed by the Wisconsin Board of Commissioners of Public Lands, helps school districts pay for things like “library books and other instructional materials,” according to the Wisconsin Department of Public Instruction. Wisconsin’s Constitution established the fund in 1848.
It’s funded by counties through some vehicle fines and forfeitures. But a provision in the 2025-27 Wisconsin budget allowed money from those fines and forfeitures in Milwaukee County to be diverted from the fund. The provision said the money would instead be used to pay for Milwaukee County district attorney positions.
WILL filed its lawsuit last fall.
“Historically, state law allowed counties to keep 50 percent of certain vehicle fines and forfeitures, while depositing the rest into the common school fund,” a recent statement from WILL said.
A prior statement from WILL said the provision allowed only Milwaukee County to keep 100 percent of those fines and forfeitures. That amount is estimated to be $2.2 million annually.
“Libraries in Milwaukee County will continue to receive funding from the Common School Fund despite Milwaukee County not contributing any fines or forfeiture revenue from motor vehicle law violations,” the lawsuit said.
Last week, Waukesha County Circuit Court Judge J. Arthur Melvin, III, ruled the changes to the state law are unconstitutional and he ordered the changes be voided.
“This decision will end an unconstitutional and costly money grab by Milwaukee County,” Lauren Greuel, associate counsel for WILL, said in a statement.
On Friday, Melvin also denied a request from WILL for a permanent injunction.
Milwaukee County Treasurer David Cullen, who is named in the lawsuit, was unable to be reached for comment. A spokesperson for the Wisconsin Department of Public Instruction declined comment.
Judge rules against Milwaukee County diversion of school library funds was originally published by Wisconsin Public Radio.
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