A provision in the 2025-27 Wisconsin budget allowing Milwaukee County to divert $4.4 million from school libraries to fund district attorney positions is being challenged in court. 

The Common School Fund was established in the Wisconsin Constitution in 1848. The fund is maintained by money generated by counties through traffic fines and forfeitures. 

But a provision in the biennial budget exempted Milwaukee County, instead allowing the county to use that money — $2.2 million per year — to help pay for 12 prosecutors. 

The Wisconsin Institute for Law & Liberty, or WILL, filed a lawsuit this week in Waukesha County Court, calling the move a “flagrant and unconstitutional money grab by Milwaukee County.”

The suit says if the provision stands, the next budget could include more carveouts from the Common School Fund.

Milwaukee County Treasurer David Cullen, who is named in the suit, and other county officials did not respond to requests for comment. 

WILL is representing Waukesha County resident Christine Stueland, a former Menomonee Falls School District board member who is referred to as a “library user and taxpayer.” 

The suit argues Stueland is directly harmed because her library will have fewer resources. And it contends the state Legislature overstepped its constitutional authority by granting a unique carveout to a single county.

“It’s frustrating to watch politicians in Madison give Milwaukee special treatment while others are shortchanged,” Stueland said in a statement. “If we don’t fight back for fairness and equal treatment for all, it will only get worse.” 

In 2025, the Common School Fund distributed $70 million to school libraries across the state. The biennial budget increased school library aid by $36 million over the biennium. 

The Common School Fund is managed by the Board of Commissioners of Public Lands, or BCPL. 

The group has been uneasy about the budget provision since it was passed and has also considered taking action, said Tom German, executive secretary. 

German and the BCPL board believe the provision violates a 1973 Wisconsin Supreme Court decision regarding the fund and the Legislature’s authority. 

The Legislature’s budget committee added the provision during the last executive session of this budget cycle under a “miscellaneous items” section of the motion as part of a budget deal with Gov. Tony Evers.

On Sept. 2, the BCPL board passed a resolution “expressing its serious concerns” with the budget change. 

“BCPL recognizes Milwaukee County’s need for funding the District Attorney’s office, but not at the expense of a constitutionally created and protected trust fund that benefits public education,” the resolution states. “BCPL and the other parties seek a legislative solution that addresses the above concerns prior to commencement of litigation.” 

Board member and Attorney General Josh Kaul abstained from voting. 

Kaul’s office did not respond to requests for comment Thursday. 

Evers’ spokesperson Britt Cudaback said providing additional assistant district attorney positions for Milwaukee County was part of the negotiations with Republican leaders during the budget process, but the mechanism for funding them were not. 

“The decision to specifically use the Common School Fund was made by Republican lawmakers alone,” Cudaback said. 

Joint Finance Committee chairs Rep. Mark Born, R-Beaver Dam, and Sen. Howard Marklein, R-Spring Green, could not immediately be reached for comment. 

The Board of Commissioners of Public Lands manages four funds: the Common School Fund, Normal School Fund, University Fund and Agricultural College Fund.

German said the funds become less consequential if their financial support does not continue to grow.

“The Common School fund has grown over the years to $1.5 billion,” German said. “But the University Fund and the ag college fund did not have a mechanism for growing, and so those funds are roughly the same size as they were 150 years ago. At one time, the University Fund could pay for about half the cost of running the entire system. Now it couldn’t pay for the cost of a (teacher’s assistant).”

The Milwaukee Common Council on Sept. 23 unanimously passed new legislation addressing street takeovers, including fines for those who attend them.

The legislation states that no person should knowingly be present at a street takeover, which are gatherings in the public roadway as participating vehicles do burnouts and donuts. The events happen suddenly, with organizers turning to private messaging apps, and one event can be attended by hundreds.

Any person at a street takeover is now subject to a fine between $300 and $1,000, according to the legislation.

• Spectators: $500 to $1,000 fine
• Operators or organizers: $400 to $1,000 fine
• Passengers: $300 to $1,000 fine

MILWAUKEE – Hundreds of riders pedaled through the Milwaukee County Zoo on Sunday morning, Sept. 14, for the Zoological Society of Milwaukee’s 30th annual Ride on the Wild Side.

What we know:

Organizers said nearly 700 cyclists participated, including some who took on a special 30-mile ride to mark the 30th year of the event. The big draw: a chance to ride bikes inside the zoo before it opened to the public.

“This is the one time a year you can come with your two wheels or four wheels, if you needed training wheels,” said Katie Krecklow with the Zoological Society of Milwaukee. “We have some brave souls today that decided to do a 30 mile ride today to celebrate 30 years.”

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Families described the early-morning ride as a unique experience, with animals just beginning to emerge into their exhibits.

“I think being early in the morning and you just see it from a different perspective – the animals are just coming out,” said Heather Anderson, who attended with her family.

In addition to the bike rides, participants enjoyed activities, like face painting, an obstacle course, and, of course, plenty of animal sightings.

Local perspective:

“Getting to see all the animals when they are coming out and the baby monkeys,” said Claire Anderson. “A lot of animals, like peacocks, like to walk around, and bears and elephants.”

These true stars of the show fuel the heart of the event.

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“We love supporting the zoo,” Heather Anderson said. “We live close and we come often through the year and we take part in their summer camps and family programs.”

Why you should care:

This year’s event raised more than $50,000, money that will go toward supporting zoo operations, conservation efforts, and the society’s mission of teaching children empathy for animals.

“The Zoological Society is the nonprofit partner of the Milwaukee County Zoo, so we take on a lot of the fundraising to try to help the zoo do what they do best, which is care for the animals,” Krecklow said.