State justices bow out of gaming dispute

By STEVE SCHULTZE sschultze@journalsentinel.com, Journal Sentinel

Wednesday, May 7, 2003

Madison -- The Legislature's lawsuit over Gov. Jim Doyle's gambling compacts with the Forest County Potawatomi and other tribes will stay in federal court -- at least for now.

The state Supreme Court Tuesday dismissed the case without comment. It was moved to U.S. District Court in Madison on April 25, based on a petition Attorney General Peg Lautenschlager filed on Doyle's behalf.

Legislative leaders still hope to wrest the case from federal court, said Gordon Baldwin, an attorney for the Legislature. Baldwin said the Legislature will continue to argue that the case raises state, not federal, issues and should be heard in state court.

Lautenschlager declined to comment. She has said the case raises federal issues covered by the U.S. Indian Gaming Regulatory Act.

Doyle has completed gambling deals for eight tribes and has "appropriated" $210 million for payments the measures call for, says the motion filed Monday in federal court. The Legislature's case challenges Doyle's authority to cut the gambling deals with tribes.

The Potawatomi compact allows the tribe to offer new games such as craps and roulette. It also removes some restrictions on its casinos, including the number of slot machines it can offer. In return, the tribe expects to pay the state an estimated $340 million over the next 10 years.

The lawsuit claims the Potawatomi compact violates a 1993 amendment to the state constitution restricting gambling expansions. It also seeks to prevent Doyle from signing any more compacts.

In the same motion, Baldwin asked for a speedier schedule for the federal court review of the issue of which court should handle the case.

"It is critical that these appropriation issues raised by (lawmakers) are expeditiously addressed to ensure that the Legislature has an accurate accounting of funds available for the state budget in order to meet the June 30, 2003, deadline," the motion says.

Also, it's important to quickly decide which court will rule on the issue because Supreme Court Justice William Bablitch will retire Aug. 8 and his replacement, Judge Pat Roggensack, will not have participated in any oral arguments that might be heard before then, the motion says.

The Associated Press contributed to this report.

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