Bill on victims’ rights said to be unconstitutional, could cost Wisconsin taxpayers in another court battle

Watchdog group claims bill contradicts Sixth Amendment 

There’s starting to be some push back on a constitutional amendment in Wisconsin that’s headed for a vote in Madison.

Marsy’s Law, as the bill is called, would make victims’ rights part of the state constitution, which sounds great, said the Wisconsin Democracy Campaign’s Matt Rothschild, except the part about victims getting the right to avoid being questioned by those representing those accused of crimes.

“The problem with that,” Rothchild said, “is that it runs smack into the face of the Sixth Amendment of the U.S. Constitution, which states that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against them.”

Rothschild, who otherwise strongly supports the measure, says even if lawmakers pass the amendment bill the required two sessions of the legislature and Wisconsin voters ratify it, higher courts will eventually throw it out because it violates the U.S. Constitution.

“I don’t see how this can possibly pass constitutional muster and, again, is going to embroil the state of Wisconsin in some court challenges that’s going to cost a lot of money that Wisconsin taxpayers are going to have to pay for,” Rothchild said. “It’s too bad there’s this terrible defect in this bill because there’s a lot in the bill that’s good and commonsensical.”