Patricia S. Treiber v. Robert R. Knoll

This is an appeal from a judgment of the circuit court for Milwaukee County, Judge Leo B. Hanley presiding, which held sec. 814.66(1)(a), Stats., unconstitutional. At the request of the parties, this court granted bypass, pursuant to sec. (Rule) 809.60, Stats. Section 814.66(1)(a), Stats., establishes the filing fees to be collected by the register in probate in proceedings concerning decedents' estates. This appeal raises the question of whether sec. 814.66(1)(a) is unconstitutional on either of the following grounds: (1) It constitutes a denial of equal protection of the laws under Article I, Section 1 of the Wisconsin Constitution or the fourteenth amendment of the Constitution of the United States in that it establishes statutory classifications for which there exists no reasonable basis; or (2) it violates Article I, Section 9 of the Wisconsin Constitution, which provides that [every person] ought to obtain Justice freely, and without being obliged to purchase it. Because we conclude that sec. 814.66(1)(a) violates neither the guarantees of equal protection under both the Wisconsin and United States Constitutions nor Article I, Section 9 of the Wisconsin Constitution, we reverse the judgment of the circuit court.