Jackson v. Benson, 2002 WI 14, 249 Wis. 2d 681

Summary

The Supreme Court of Wisconsin dismissed as untimely and frivolous a motion by four respondents seeking to vacate the court’s prior decision upholding the amended Milwaukee Parental Choice Program. The court held that the respondents waived any objection to Justice Jon P. Wilcox’s participation because the facts supporting the alleged disqualification had been publicly known for nearly two years. The court also awarded reasonable attorney fees and costs under Wisconsin law, while Chief Justice Abrahamson concurred in Part I and dissented from the fee award.

Holdings

1. Respondents waived any objection to Justice Wilcox's participation by waiting almost two years after the relevant facts became publicly known before filing the motion to vacate.
2. The motion to vacate was frivolous because its extraordinary untimeliness and timing demonstrated bad faith and an improper purpose.
3. The State of Wisconsin and Marquelle Miller, et al., were entitled to reasonable attorney fees and costs incurred in responding to the motion to vacate.

Questions Presented

1. Whether the Wisconsin Supreme Court could vacate its 1998 judgment after remittitur based on an alleged legal disqualification of a participating justice.
2. Whether respondents waived their judicial-disqualification objection by failing to raise it promptly after the relevant information became public.
3. Whether the motion to vacate was frivolous and filed in bad faith or for an improper purpose, warranting attorney fees and costs.
4. Whether the matter should be remanded to the Dane County Circuit Court to determine the amount of reasonable attorney fees and costs.

Disposition

dismissed