By Associated Press - Tuesday, November 28, 2017

MADISON, Wis. (AP) - The Latest on state Superintendent Tony Evers legal fight with the state Justice Department (all times local):

11:50 a.m.

Wisconsin Attorney General Brad Schimel will not step aside from representing state Superintendent Tony Evers in a lawsuit over his rule-making powers, even though Evers says he’s firing him.

Evers said Tuesday that Schimel’s Department of Justice can’t represent him in the case because it agrees with the position taken by a conservative law firm challenging Evers’ powers.

But Justice Department spokesman Johnny Koremenos says Evers’ request will not be granted. Koremenos says Evers’ personal opinions “will have no bearing on the attorney general’s power or ethical duty to represent the state.”

The conservative law firm the Wisconsin Institute for Law and Liberty last week brought the lawsuit challenging Evers’ ability to enact rules without the governor’s approval.

Gov. Scott Walker ordered Schimel to represent Evers, who is a Democrat running to challenge Walker next year.


11:40 a.m.

State Superintendent and Democratic candidate for governor Tony Evers is refusing legal representation from the state Department of Justice in a lawsuit filed to undercut his powers.

Evers said Tuesday he is “firing” the Justice Department. The move comes after Republican Gov. Scott Walker last week ordered the Justice Department to represent Evers in a case brought challenging his powers as superintendent to pass administrative rules without the governor’s approval.

Evers it’s an abuse of power for Walker to force him to be represented by attorneys who believe the arguments being brought by those challenging Evers.

A spokesman for the Justice Department did not immediately respond to questions of whether Evers’ request would be granted.

The fight over who represents Evers in the lawsuit could itself result in a separate lawsuit.


10:49 a.m.

State Superintendent Tony Evers says he’s terminating legal representation by the state Department of Justice in a lawsuit brought by a conservative law firm.

Evers sent Attorney General Brad Schimel a letter Tuesday saying he does not believe the Republican would “willingly” or “ethically” represent him in the lawsuit.

The Wisconsin Institute for Law and Liberty filed a lawsuit last week asking the state Supreme Court to remove Evers’ ability to write agency rules.

Republican Gov. Scott Walker ordered state Justice Department attorneys to represent Evers against his will. Evers says he can’t have Schimel represent him since DOJ previously took a position in a different case in support of the argument WILL is making in the latest case against Evers.

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