STATE OF WISCONSIN DEPARTMENT OF JUSTICE J.B. VAN HOLLEN 17 W. Main Street ATTORNEY GENERAL P.0. Box 7857 Madison. WI 53707-7857 Kevin M. St. John Deputy Attorney General Daniel P. Leunington Steven P. Means Assistant Attorney General Executive Assistant 608/267-8901 lcnningtondp@doj.stale.wi.us FAX 6081267-2223 September 11, 2013 HAND-DELIVERY The Honorable Ellen K. Berz Circuit Court Judge, Br. 11 Dane County Courthouse 215 South Hamilton Street, Rm. 5103 Madison, WI 53703-3292 Re: Center for Media and Democracy Leah Vukmir Case No. 13-CV-1875 Dear Judge Berz: Enclosed for filing please find a Limited Appearance and Notice of Motion and Motion to Quash Summons in the above matter. A copy is being mailed this date to opposing counsel. Sincerely, Dame! P. Lenmngim Daniel P. Lennington Assistant Attorney General State Bar #1088694 DPL:tmf Enclosure c: Brendan Fischer STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY BRANCH 11 CENTER FOR MEDIA AND DEMOCRACY, Plaintiff, v. Case No. 13-CV-1875 LEAH VUKMIR, Defendant. LIMITED APPEARANCE AND NOTICE OF MOTION AND MOTION TO QUASH SUMMON Limited Notice of Appearance for the Sole Purpose of Contesting Personal Jurisdiction Please take notice that Defendant State Senator Leah Vukmir makes this limited appearance in the above-captioned action by her attorneys, .B. Van Hollen, Attorney General, and Daniel P. Lennington, Assistant Attorney General, for the sole purpose of contesting personal jurisdiction and without waiving any other defenses or arguments. Copies of documents and papers related to this Limited Appearance and Notice of Motion and Motion to Quash Summons should be delivered to the attention of Assistant Attorney General Daniel P. Lennington, 17 West Main Street, Madison, Wisconsin 53703, or by first class mail at Post Office Box 7857, Madison, Wisconsin 53707-7857. Notice of Motion and Motion to Quash Summons Without waiving any other defense, Senator Vukmir hereby moves this Court for an order quashing the Summons filed on June 6, 2013. Senator Vukmir relies on the following grounds in support of this motion: 1. As with any civil case, personal jurisdiction over the defendant hinges on the plaintiffs ability to serve a summons upon the defendant, which is a form of civil process. See Wis. Stat. 2. But under the Wisconsin Constitution, no member of the Legislature may be served with civil process while in session: Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session. Wis. Const. art. IV, 15. 3. The rationale behind this provision of the Constitution is to prevent Members of the Legislature from being distracted by civil lawsuits and minor criminal violations. State v. Beno, 116 Wis. 2d 122, 138-39, 341 668, 676 (1984). 4. A civil lawsuit can interfere with a Member's full participation representing her constituents, and when a legislator cannot appear because of a civil lawsuit, then "the people whom the legislator represents lose their voice in debate and vote." Id. (holding that a Member of the Legislature may not be served with civil process, including a subpoena, while in session). 0. A summons, such as the one issued in this case, is a form of civil process and subject to the limitations of Wis. Const. art. IV, 15. See Anderson v. Rountree, 1 Pin. 115, 118-19 (1841) (interpreting common law and a predecessor statute, and explaining that "this privilege extends to arrests on judicial as well as on mesne process, and to the service of a summons as well as to an arrest.") (emphasis added). 6. The Supreme Court of the Territory of Wisconsin, in applying the U.S. Constitution's Speech and Debate Clause to a lawsuit in Wisconsin, explained why a liberal interpretation of this similar provision was necessary: In order to render this provision available to the extent of its necessity, it will not do to construe the words privilege from arrest in a confined or literal sense. A liberal construction must be given to these words upon principle and reason. It is just as necessary for the protection of the rights of the people that their representative should be relieved from absenting himself from his public duties during the session of congress, for the purpose of defending his private suits in court, as to be exempt from imprisonment on execution. If the people elect an indebted person to represent them, this construction of the constitution must also be made to protect. his rights and interests, although it may operate to the prejudice of his creditors; but the claims of the people upon his personal attendance are paramount to those of individuals, and they must submit. Doty v. Strong, 1 Pin. 84, 87 (1840) (emphasis in original). 7. As this passage from Doty illustrates, although Wis. Const. art. IV, 15 may certainly prejudice the Plaintiff in this case, the Constitution places a higher value on Senator Vukmir's execution of her official duties without distraction or interference from civil lawsuits. 8. This provision of legislative immunity, therefore, undoubtedly applies to this case. See, Wisconsin State Employees Union v. State of Wisconsin, Dane County Case No. 11-CV-990 (April 19, 2011) (granting two motions to quash - 3 - subpoenas based on Wis. Const. art. IV, 15 legislative immunity) (Albert, J.) (attached). 9. Defendant Leah Vukmir is the elected State Senator from Wisconsin's 5th Senate District. 10. The Wisconsin State Legislature went into its January 2013, Biennial Session on January 7, 2013. See 2013 Senate Joint Resolution 1 (attached). 11. The session ends on Monday, January 5, 2015. See 2013 Senate Joint Resolution 1. i 12. Thus, the Legislature is now presently in its biennial session and Senator Vukmir will continue to enjoy legislative immunity during this current regular session plus fifteen days. 13. Because Senator Vukmir is immune from service of the Summons, the Summons must be quashed. 14. Furthermore, until Senator ukmir is properly served during a period in which she does not enjoy legislative immunity, this Court will lack personal jurisdiction over Senator Vukmir. Wis. Stat. Therefore, the Summons for Senator Vukmir must be quashed based on the ground of legislative immunity from any civil process pursuant to Wis. Const. art. IV, 15. Dated this Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin 53707-7857 (608) 267-8901 (608) 267-2223 (fax) lenningtondp @doj. state. wi. us day of September, 2013. .B. VAN HOLLEN Attorney General DAN . LENNINGTON Assistant Attorney General State Bar #1088694 Attorneys for Defendant CIRCUIT COURT DANE COUNTY BRANCH 3 STATE OF WISCONSIN WISCONSIN STATE EMPLOYEES UNION, AFSCME COUNCIL 24, JAMES P. TRICIA J. ALLISON M. DAVID A. SEAN and BRIAN D. ROTHGERY, Plaintiffs, v. Case No. 11-CV-0990 I STATE OF WISCONSIN, and MICHAEL HUEBSCH, SECRETARY, WISCONSIN DEPARTMENT OF ADMINISTRATION, Defendants. ORDER Non-party witness Senator Scott Fitzgerald filed a motion to quash a deposition subpoena . duces tecum compelling his personal appearance at the Wisconsin Department of Justice, 17 West Main Street, Madison, Wisconsin, on April 25, 2011, at 10:00 and commanding him to bring certain documents in the above action. Based on the motion and accompanying papers, IT IS ORDERED that Senator Scott Fitzgerald's motion is GRANTED and that the Plaintiffs'-issued deposition subpoena duces tecum is QUASHED and is of no force and effect I Dated this day ofApri|, 2011.' BY THE OURT: THE HONORABLE JOHN c. ALBERT Circuit Court Judge, Branch 3 STATE OF WISCONSIN CIRCUIT COURT - DANE COUNTY BRANCH 3 . WISCONSIN STATE EMPLOYEES UNION, AFSCME COUNCIL 24, JAMES P. TRICIA J. . ALLISON M. DAVID A. SEAN and BRIAN D. ROTHGERY, Plaintiffs, v. Case No. I 1-CV-0990 STATE OF WISCONSIN, and MICHAEL HUEBSCH, SECRETARY, WISCONSIN DEPARTMENT OF ADMINISTRATION, Defendants. ORDER Non-party witness Representative Jeff Fitzgerald filed a motion to quash a deposition subpoena duces tecum compelling his personal appearance at the Wisconsin Department of Justice, 17 West Main Street, Madison, Wisconsin, on April 25, 2011, at 10:00 and commanding him to bring certain documents in the above action. Based on the motion and accompanying papers, IT IS ORDERED that Representative Jeff Fitzgerald's motion is GRANTED and that the Plaintiffs'-issued deposition subpoena duces tecum is QUASHED and is of no force and efi"ect. Dated this La day of April, 2011. TH HONORABLE HN C. AL RT Circuit Court Judge, Branch 3 finite of . 2013 - 2014 LEGISLATURE 2013 SENATE JOINT RESOLUTION 1 January 7, 2013 -- Introduced by JOINT COMMITTEE ON LEGISLATIVE Relating to: the session schedule for the 2013-2014 biennial session period. Analysis by the Legislative Reference Bureau This joint resolution establishes a session schedule for the 2013-2014 biennial session of the legislature. Proposed 2013-2014 Session Schedule at a Glance January 7, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2013 Inauguration January 9 and 10, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod January 15 to 17, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod January 29 to 31, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod February 12 to 14, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod February 26 to March 7, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod March 21, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bills sent to Governor April 9 to 18, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod May 7 to 16, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod June 4 to 28, 2013, OR budget passage . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod August 8, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . Nonbudget Bills sent to Governor August 8, 2013 (or laterBudget Bill sent to Governor September 17 to 19, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod October 8 to 17, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod November 5 to 14, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod December 12, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bills sent to Governor January 14 to 23, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod February 11 to 20, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod March 11 to 20, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floorperiod 2013 -- 2-O14 Legislature -- 2 -- April 1 to 3, 2014 . .- . . . . . . . . . . . . . . . . . . . . . . . . Last general-business Floorperiod April 24, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bills sent to Governor April 29 to May 1, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . Limited--business Floorperiod May 8, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bills sent to Governor May 20 and 21, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Veto Review Floorperiod May 2, 2014, to January 5, 2015 . . . . . . . . . . . . . . . . . . . . . Interim, committee work June 4, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bills sent to Governor January 5, 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2015 Inauguration Resolved by the senate, the assembly concurring, That: SECTION 1. 2013-2014 session schedule. (1) BIENNIAL SESSION PERIOD. The legislature declares that the biennial session period of the 2013 Wisconsin legislature began on Monday, January 7, 2013, and that the biennial session period ends at noon on Monday, January 5, 2015. 1m) BUDGET DEADLINE EXTENDED. The deadline of Tuesday, January 29, 2013, set by section 16.45 of the statutes for introduction of the executive budget bill or bills, submittal of the state budget report, and delivery of the governor's budget message, is extended to Tuesday, February 12, 2013. SCHEDULED FLOORPERIODS AND wonx PERIODS. Unreserved days. Unless reserved under this subsection as a day to conduct an organizational meeting or to be part of a scheduled floorperiod of the legislature, every day of the biennial session period is designated as a day for committee activity and is available to extend a scheduled floorperiod, convene an extraordinary session, or take senate action on appointments as permitted by joint rule 81. Inauguration. Pursuant to section 13.02 (1) of the statutes, the inauguration of the members of the 2013 legislature, and the organizing for business of the 2 houses, commences at 2 p.m. on Monday, January 7, 2013. RAC&JK:kjf&wlj:rs SECTION I 2013 -- 2014 Legislature -- 3 -- Floorperiod. A floorperiod commences on Wednesday, January 9, 2013, at 10 and ends on January 10, 2013. Floorperiod. A floorperiod commences on Tuesday, January 15, 2013, at 10 and, unless adjourned earlier, ends on Thursday, January 17, 2013. Floorperiod. A floorperiod commences on Tuesday, January 29, 2013, at 10 and, unless adjourned earlier, ends on Thursday, January 31, 2013. Floorperiod. A floorperiod commences on Tuesday, February 12, 2013, at 10 and, unless adjourned earlier, ends on Thursday, February 14, 2013. Floorperiod. A floorperiod commences on Tuesday, February 26, 2013, at 10 and, unless adjourned earlier, ends on Thursday, March 7, 2013. Bills to governor. No later than Thursday, March 21, 2013, at 4:30 the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chief c1erk's house and having been passed by both houses, in regular, extraordinary," or special session, on or before Thursday, March 7, 2013. Floorperiod. A floorperiod commences on 'Tuesday, April 9, 2013, at 10 and, unless adjourned earlier, ends on Thursday, April 18, 2013. loorperiod. A floorperiod commences on Tuesday, May 7, 2013, at 10 and, unless adjourned earlier, ends on Thursday, May 16, 2013. Floorperiod. A floorperiod commences on Tuesday, June 4, 2013, at 10 and, unless adjourned earlier, ends on Friday, June 28, 2013, but this floorperiod may not be adjourned until the general fund executive budget bill has been passed by both houses. (L) Nonbudget bills to governor: No later than Thursday, August 8, 2013, at 4:30 the chief clerk of each house shall submit to the governor for executive action 0193x'2 RAC&JK:kjf&wlj:r8 SECTION 1 2013 - 2014 Legislature -- 4 -- thereon all enrolled bills, except the general fund executive budget bill, originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Wednesday, July 31, 2013. Budget bill to governor: No later than the later of Thursday, August 8, 2013, at 4:30 or 4:30 p.m. on the 4th Thursday afizer the general fund executive budget bill is passed by both houses in identical form, the chief clerk of each house shall submit to the governor for executive action thereon any enrolled general fund executive budget bill originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session. Floorperiod. A floorperiod commences on 'I\iesday, September 17, 2013, at 10 and, unless adjourned earlier, ends on Thursday, September 19, 2013. Floozperiod. A floorperiod commences on Tuesday, October 8, 2013, at 10 and, unless adjourned earlier, ends on Thursday, October 17, 2013. Floorperiod. A floorperiod commences on Tuesday, November 5, 2013, at 10 and, unless adjourned earlier, ends on Thursday, November 14, 2013. Bills to governor: No later than Thursday, December 12, 2013, at 4:30 the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, November 14, 2013. loorperiod. A floorperiod commences on Tuesday, January 14, 2014, at 10 and, unless adjourned earlier, ends on Thursday, January 23, 2014. Floorperiod. A floorperiod commences on 'I\1esday, February 11, 2014, at 10 and, unless adjourned earlier, ends on Thursday, February 20, 2014. SECTION 1 2013 - 2014 Legislature -- 5 - Floorperiod. A floorperiod commences on '1\1esday, March 11, 2014, at 10 and, unless adjourned earlier, ends on Thursday, March 20, 2014. Last general-business floorperiod. The last general--business floorperiod commences on Tuesday, April 1, 2014, at 10 and, unless adjourned earlier, ends on Thursday,'April 3, 2014. (V) Bills to governor: No later than Thursday, April 24, 2014, at 4:30 the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, April 3, 2014. Limited--business floorperiod. A floorperiod commences on Tuesday, April 29, 2014, at 10 and, unless adjourned earlier, ends on Thursday, May 1, 2014, which is limited to matters allowed under joint mle 81m (2) and to considering resolutions offered for the purpose of extending the icommendations, condolences, or congratulations of the legislature to a particular person, group, or organization, or of recognizing a particular event or occasion. Bills to governor: No later than Thursday, May 8, 2014, at 4:30 the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in the chief c1erk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Thursday, May 1, 2014. Veto review floorperiod. A floorperiod, limited to matters allowed under joint rule 82 commences on 'I\1esday, May 20, 2014, at 10 and, unless adjourned earlier, ends on Wednesday, May 21, 2014. ISECTION 1 2013 -- 2014 Legislature - 6 -- Bills to governor: No. later than Wednesday, June 4, 2014, at 4:30 the chief clerk of each house shall submit to the governor for executive action thereon all enrolled bills originating in_ the chief clerk's house and having been passed by both houses, in regular, extraordinary, or special session, on or before Wednesday, May 21, 2014. (3) INTERIM PERIO1) or COMMITTEE NO FURTHER INTRODUCTIONS. Upon the adjournment of the May veto review floorperiod, there shall be an interim period of committee work ending on Monday, January 5, 2015. Unless the legislature is convened in one or more extraordinary or special sessions, no additional 2013 legislation may be offered during this interim period of committee work. (4) SPECIAL AND EXTRAORDLNARY SESSIONS. Adjoumment. Except for consideration of executive vetoes or partial vetoes, a motion adopted in each house to adjourn a special or extraordinary session pursuant to this joint resolution shall constitute final adjournment of the special or extraordinary session. Cb) Bills to governor. No later than 4:30 p.m. on the first Thursday occurring 2 full weeks after the day a bill is passed by both houses in identical form after May 21, 2014, in special or extraordinary session, the chief clerk of the house in which it originated shall submit it to the governor for executive action thereon. Veto review. A special or extraordinary session shall reconvene upon a call of a majority of the members of the joint committee on legislative organization solely for the consideration of executive vetoes or partial vetoes if an enrolled bill passed by both houses during the special or extraordinary session was vetoed or partially vetoed. LRB-019312 SECTION 1 2013 -- 2014 Legislature -- 7 -- (5) END 01-' TERM. The biennial term of the 2013 legislature ends on Monday, January 5, 2015. Pursuant to section 13.02 (1) of the statutes, the inauguration of the members of the 2015 legislature will be on Monday, January 5, 2015. SECTION 2. Notice of 2015 session organization. Notice is hereby given that the biennial session of the 2015 legislature will hold its first meeting, pursuant to section 13.02 (1) of the statutes, on Monday, January 5, 2015, and that the meeting will begin at 2 p.m. (END)