Wisconsin Supreme Court: Marsy's Law stands, was valid ballot question
Wisconsin Supreme Court
MADISON, Wis. - An amendment to the Wisconsin Constitution expanding crime victims’ rights was properly worded in a statewide referendum and legally adopted, the state Supreme Court ruled Tuesday, May 16.
Voters ratified the amendment, known as Marsy's Law, in April 2020. The Wisconsin Justice Initiative sued, arguing that the amendment’s scope wasn’t fully described on ballots.
The court ruled 6-1 on Tuesday that the description was proper. The process outlined in the constitution for amending the document doesn't require an explanation of every element of the amendment on ballots, Justice Brian Hagedorn wrote. The amendment was properly submitted to the people and is therefore valid, he wrote.
Dennis Grzezinski, an attorney representing the Wisconsin Justice Initiative, didn't immediately respond Tuesday morning to an email seeking comment.
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The Wisconsin Constitution and state law provide a host of victim rights. The amendment largely duplicates that existing language but goes further in a number of areas.
Wisconsin Supreme Court
For example, it grants victims the right to seal information or records that could be used to locate them and the right to be heard at plea and parole hearings. They also can opt out of participating in depositions conducted by defense attorneys or opposing attorneys in civil matters, making it harder for criminal defendants to sue them.
Nearly a dozen states have adopted similar laws expanding crime victims’ rights.
Supporters have dubbed the amendments "Marsy’s Law" for California college student Marsalee Nicholas, who was killed by an ex-boyfriend in 1983. Her brother has funded efforts to put the amendments in place across the country.
Reaction
State Sen. Van Wanggaard (R-Racine)
"Today’s decisions are a great victory for crime victims’ rights in Wisconsin!
"By upholding the constitutional rights granted via Marsy’s Law, victims can be sure their voice will be heard and their rights defended throughout the criminal justice process. In overturning Shiffra, the Supreme Court ensured the privacy of victim medical records.
"Victims can now have the peace of mind that their privacy will be respected and their health care records, especially their communications, will remain confidential and privileged. Both decisions are huge victories for victims and the law-abiding public.
"I am equally disappointed that given the overwhelming majorities in both cases, Justice Ann Walsh Bradley sided with accused criminals over victims of crime."
Marsy's Law for Wisconsin
"Marsy’s Law has been providing crime victims in Wisconsin with a stronger voice and more meaningful rights since its overwhelming ratification vote more than three years ago. Today’s decision by the Wisconsin Supreme Court removes any uncertainty about Marsy’s Law in our state and ensures future generations of Wisconsinites, who find themselves in the criminal justice system through no fault of their own, will have access to some of the strongest victims’ rights in the country.
"We are grateful for the Court’s decision and look forward to continuing our efforts to ensure crime victims are treated with the fairness, decency, and respect they deserve and our Wisconsin Constitution requires."