Peterson v. Hanson, 81-C-994.

• Decision Date: 18 August 1983
• Docket Number: No. 81-C-994.,81-C-994.
• Citation: 565 F. Supp. 87
• Court: U.S. District Court — Eastern District of Wisconsin
• Parties: Lowell PETERSON, et al., Plaintiffs, v. Doris J. HANSON, as Secretary of the Department of Administration, State of Wisconsin, Defendant.

565 F. Supp. 87

Lowell PETERSON, et al., Plaintiffs, v. Doris J. HANSON, as Secretary of the Department of Administration, State of Wisconsin, Defendant.

No. 81-C-994.

United States District Court, E.D. Wisconsin.

June 10, 1983.

Reconsideration Granted August 18, 1983.

Thomas W. Bertz and John E. Shannon, Jr., Anderson, Fisher, Shannon, O'Brien & Rice, Stevens Point, Wis., for plaintiffs.

Bronson C. LaFollette, Wis. Atty. Gen. by John J. Glinski, Asst. Atty. Gen., Madison, Wis., for defendant.

DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

This is an action for declaratory and injunctive relief and damages, brought pursuant to 42 U.S.C. § 1983 and the fourteenth amendment to the United States Constitution. On July 15, 1982, I entered an order certifying a plaintiff class consisting of all persons who are or have been employed as circuit court reporters in Wisconsin during the period beginning on August 1, 1978, and ending on the date judgment is entered in this case. The plaintiffs claim that their salaries, administered by the defendant, are structured in such a way as to violate the equal protection clause of the fourteenth amendment. By agreement of the parties, the case has been submitted to the court for resolution of the liability issue, based on stipulated facts and documents.

A brief summary of the relevant facts will be helpful. Prior to August 1, 1978, Wisconsin's state trial courts were divided into two categories: circuit courts and county courts. Court reporters in the circuit courts were paid by the state. One-half of the base salary of county court reporters was paid by the state; the other half was paid by the county in which the court was located.

In addition to the base salary paid to reporters by the state and/or the counties, each county was permitted to pay its circuit and county court reporters an additional payment known as a county supplement, if it so desired. Some counties paid large supplements; other counties paid smaller supplements or none at all.

On August 1, 1978, state legislation creating a single level trial court system in Wisconsin went into effect. All county courts became circuit courts, and the circuit courts all had the same functions and responsibilities. Judges who had previously been county court judges became circuit court judges, and all judges' salaries were equalized. Former county court reporters became circuit court reporters, but their salaries were not equalized.

As part of the new legislation, § 20.923(7m), Wis.Stats., provided that the salaries of all circuit court reporters and former county court reporters who became circuit court reporters on August 1, 1978, continue at the same rate earned before that date. These reporters are eligible for annual pay increases pursuant to § 20.923(7), Wis.Stats. The increases are based on a percentage of the reporter's salary, but such percentage is computed without regard to the portion of salary previously received as a county supplement.

For court reporters hired after August 1, 1978, the salary range is established in § 20.923(7), Wis.Stats. This salary range is not tied to the former county supplement pay system.

The impact of §§ 20.923(7) and 20.923(7m) for the plaintiffs is that all court reporters are now circuit court reporters with the same functions and responsibilities, but they are not paid the same. A reporter falls into a different salary classification depending on the amount, if any, of the county supplement he or she received prior to August 1, 1978. The highest county supplement paid at that time was $434.00 per month; the lowest supplement was zero.

Based on these and other stipulated facts, it is clear that the members of the plaintiff class are similarly situated in their employment, yet paid different salaries. Whether this difference in treatment is violative of the equal protection clause depends on whether the difference is rationally based. See, e.g., Barry v. Barchi, 443 U.S. 55, 99 S.Ct. 2642, 61 L.Ed.2d 365 (1979). The salary statutes in question should be upheld unless the varying treatment of the reporters is so unrelated to the achievement of some legitimate legislative purpose that they must be considered irrational. Vance v. Bradley, 440 U.S. 93, 97, 99 S.Ct. 939, 942, 59 L.Ed.2d 171 (1979).

The plaintiffs claim that there is no rational basis for distinguishing between court reporters, for purposes of salary, on the basis of whether they previously worked in a county in which a supplement was paid. The defendant argues that there may have been a rational reason for continuing the pre-existing pay discrepancy; the county supplements may have been based on reporter proficiency.

In support of their position, the plaintiffs point to the conclusions of the court reporter qualification and compensation committee. The latter committee was formed pursuant to the legislative mandate of § 753.18(3), Wis.Stats., and it included a member of the defendant's staff. Its final recommendation of February, 1980, and two letters or reports by its chairperson summarizing and explaining the recommendations, have been entered into the record by stipulation. In short, the committee concluded that broad salary differentials generated by county supplements are irrationally based on the date, county, and status of appointment rather than on job proficiency.

The defendant accurately states that the findings of the court reporter committee are not binding on this court. However, on the present stipulated record, the committee's conclusions stand uncontradicted. I am faced with a record that demonstrates that discretionary county supplements were paid to all reporters in some counties, that such supplements varied from county to county, and that in some counties the base salary was not supplemented at all. These pay differences were incorporated into a new single level court system in which all reporters have the same job responsibilities. A committee directed by statute to study the matter determined that the salary differences are not based on job proficiency. The defendant has not found fault with any aspect of the committee's report except its conclusion.

The record indicates that...