A Civic Media radio station

Civic Media Logo
Marsy’s Law upheld by state Supreme Court 6-1

Source: Canva

Marsy’s Law upheld by state Supreme Court 6-1

The Supreme Court ruled that the amendment to the state constitution was properly worded and legally adopted.

May 16, 2023 11:16 AM CDT

By: Jimmie Kaska

MADISON, Wis. (WMDX) – The Wisconsin Supreme Court released a 6-1 opinion upholding Marsy’s Law Tuesday.

Marsy’s Law, which expands certain criminal victim’s rights, was passed by statewide referendum in 2020 and added to the state’s constitution.

Dane County Circuit Judge Frank Remington ruled in 2021 that the referendum question on the ballot didn’t explain the consequences of the amendment. Remington said that the amendment diminished the rights of defendants, which wasn’t described in the ballot question.

Justice Brian Hagedorn wrote the majority opinion, which stated that an explanation of the ballot question did not need to be included with the ballots.

“No explanation or summary is constitutionally commanded,” Hagedorn wrote. “A ballot question could violate [the constitution] only in the rare circumstance that the question is fundamentally counterfactual.”

Justice Ann Walsh Bradley dissented and wrote that the amendment reduces defendant’s rights without explaining that to voters.

“Shouldn’t the voters be informed that a constitutional amendment diminishes the rights of criminal defendants before voting on it?” Bradley said. “It is apparent that the amendment serves dual ‘purposes,’ both expanding the rights of victims and diminishing those of the accused.”

Marsy’s Law, among other things, permits victims of crimes to refuse depositions or interviews and evidence requests, Bradley said.

The court also overturned a 1993 appellate court ruling that allowed a judge to review the medical records of alleged criminal victims on behalf of the defendant, citing the adoption of Marsy’s Law and other victim’s rights laws that have been put in place since then. The ruling was 5-2 with Chief Justice Annette Ziegler and Justice Ann Walsh Bradley dissenting.

  • The Ithaca School District Goes to Referendum

    9/14/2024 | Jo Ann Krulatz

    Residents of the Ithaca School District will be seeing a referendum question on the ballot next month. That question will ask the voters to authorize the Ithaca School District to exceed the revenue limit by $1.3 million per year for four years for non-recurring purposes. The reason for the ask is both simple and complex. […]

  • Elijah Vue Has Been Found

    9/14/2024 | Jo Ann Krulatz

    Missing three year old, Elijah Vue, has been found. Two Rivers Police Chief Ben Meinnert: Police say a hunter discovered Elijah’s remains last weekend on private property near in the Town of Two Rivers. They were positively identified by the Wisconsin Crime Lab through DNA testing. The 3-year-old was reported missing February 20th of this […]

  • Surface Water Grants Available

    9/14/2024

    The Wisconsin Department of Natural Resources (DNR) will award more than $6 million to local groups to protect and improve surface water. Interested and eligible organizations are encouraged to apply for a surface water grant. A pre-application must be submitted by this Sunday (September 15), to compete for a grant in November. Eligible organizations include […]

  • Wisconsin State Senate Candidate Believes Voters Want Change in District 18

    9/13/2024 | Teri Barr

    Democratic State Senate Candidate Kristin Alfheim discusses respectful dialogue, compromise, and problem-solving on the Matenaer on Air show.

  • Two Rivers Police: Elijah Vue has been found

    9/13/2024

    Elijah Vue has been found. The human skeletal remains found in the Town of Two Rivers in Manitowoc County have been positively identified as those of the missing 3-year-old.

image
WAUK - Waukesha - The 'SHA