A power to the people, David vs. Goliath battle just erupted from the Wisconsin budget war. Private citizen Kevin Barthel of Lakewood is like many citizens who are angry that the 14 AWOL Democrat senators are not doing their job. But unlike most people, Barthel is doing something about it.

photo courtsey of Fast Company

On March 1, Barthel filed suit in the Oconto County Circuit Court against Senator Jim Holperin of the 12^th District. Barthel is petitioning the court to issue a Writ of Mandamus against Sen. Holperin. A writ is issued by a superior court and compels a government officer to perform mandatory duties.

“There are very specific duties that Senator Holperin is not carrying out and this is the only action available for a private citizen to take,” explained James Troupis, Barthel’s attorney.

According to Troupis, his client felt compelled to take action because Senator Holperin was not doing the job he was elected to do to address matters that are important to his district. Barthel doesn’t care how the senator votes, he simply wants him to do his job.

“Think about the agony going on in those households that are receiving layoff notices,” said Troupis. “The state constitution requires the executive branch to balance the budget so (the governor) was left with no choice but to do layoffs. But it didn’t have to happen. That is truly irreparable harm. These people will never get those sleepless nights back. The senators are acting like this is all fun and games and it’s time for the games to be over.”

Judge Jay Conley of the Oconto County Circuit Court is taking the case under advisement. If a writ were issued and Senator Holperin didn’t comply, he’d be guilty of a class H felony pursuant to WisState 783,07.

According to Troupis no other similar lawsuit has been filed yet in other areas of the state, but several are being discussed.

Here is the official court summons:  holperin lawsuit summons