Proposed Law Would Prohibit Class Actions Against Milwaukee County by Legal Services Providers That Contract with County; Legal Aid Director Says Measure ‘Discriminates Against the Poor’
Legal Services E-lert
Bibliographic Info:
Author: Jack Zemlicka
Source: Wisconsin Law Journal, “Class Dismissed”
Date: July 20, 2010
The Wisconsin Law Journal writes: “A proposed Milwaukee County ordinance would limit the ability of legal service providers to file class action lawsuits against the county, forcing providers to choose between signing contracts with the county and retaining the ability to file suit.
The change would require that ‘all contracts executed by Milwaukee County prohibit the contractor from undertaking class actions against Milwaukee County on any matter other than enforcement of the subject contract.’ If approved, entities that contract with the county for legal work, specifically the Legal Aid Society of Milwaukee, would have to decide if giving up the right to sue is worth it. ‘The ordinance would basically say that poor people are not entitled to the full range of remedies that the law grants to all other Wisconsin citizens,” said Legal Aid Executive Director Thomas R. Cannon. ‘It discriminates against the poor.’ But county supervisor Patricia D. Jursik, who authored the resolution, argued that it would prevent the county from ‘essentially underwriting legal action against itself.’. . . . In a response letter to the County Board’s Committee on Judiciary, Safety and General Services, Milwaukee Corporation Counsel Timothy R. Schoewe said the ordinance, if approved, would be lawful and constitutional, but likely ineffective.
He noted that in the case of guardians ad litem, with or without a contract, Milwaukee County is responsible for paying those fees and preventing entities like Legal Aid from bringing class action suits will not insulate the county if there is a ‘viable substantive claim.’. . . .According to Cannon, Legal Aid is the only contractor of legal services to have filed a class action suit against the county. That makes the organization the primary target of the resolution. Both Jursik and Schoewe said that the proposal is not intended for situations in which the county hires an independent firm or attorney for representation. In those cases, a firm or attorney would be acting as counsel for the county, whereas with its contract with Legal Aid, the county is essentially a third party, Jursik said. ‘It’s a little different when corporation counsel brings in an attorney if they need some expertise,’ Jursik said. ‘Clearly, they are not going to sue their own client.’ At its June meeting, the State Bar of Wisconsin’s Board of Governors unanimously opposed the resolution on the basis that it would restrict access to justice for indigent people.”