Gov. Scott Walker, AG Brad Schimel block Tony Evers from getting his own attorney

MADISON – The state’s top two Republicans won’t let Wisconsin’s Democratic schools chief have his own attorney in a lawsuit over his powers.

Attorney General Brad Schimel on Wednesday told the state Supreme Court his office would represent schools Superintendent Tony Evers — even though Schimel agrees with those suing Evers.

The GOP attorney general is taking that stance despite Evers and those aligned with him winning a similar legal fight last year.

The development came soon after Gov. Scott Walker blocked Evers from hiring an outside attorney. Evers then tried to use the chief legal counsel in his Department of Public Instruction, but Schimel on Wednesday told the state’s high court he was pushing that attorney aside.

Evers is a Democrat running against the GOP governor in next year’s election. In an interview, Evers said Walker and Schimel were engaging in petty politics and trying to prevent him from getting his say in court.

“It’s unprecedented, I would think, that a constitutional officer would not be able to have his or her own interests represented in a court of law,” he said. “It’s an affront to this office."

RELATED: State Superintendent of Public Instruction chief Tony Evers ignores new law on rule making, lawsuit says

Evers said he would file a request soon asking the state Supreme Court to let him use an attorney of his choosing. He'll also be asking the court to throw the case out, he said.

Walker spokesman Tom Evenson said by email that the attorney general has the power to decide what arguments to make that are best for the state — rather than what's best for Evers.

"Superintendent Evers should welcome greater accountability at (his Department of Public Instruction), not dodge it," Evenson said in his email. "It’s not politics, it’s the law."

The lawsuit centers on the powers of Evers. It was brought Monday by two teachers and members of the New London and Marshfield school boards, represented by the conservative Wisconsin Institute for Law & Liberty.

The group filed its case directly with the state Supreme Court, which last year ruled Evers had more power and independence than the heads of other state agencies.

The group argues the Department of Public Instruction is ignoring a new law that its backers say is meant to keep rules written by state agencies in check. The law, which took effect in September, says state agencies must run the scope of state rules past Walker's Department of Administration before putting them into place.

Such rules are written to carry out state laws and include more details than the laws themselves.

Evers' department issued rules this fall without first going to the Department of Administration. That's because a divided state Supreme Court ruled last year that Evers did not have to abide by a similar law governing administrative rules because he is an independently elected official under the state constitution.

The latest lawsuit essentially asks the state's high court to revisit that earlier ruling.

Normally, state agencies are represented by the attorney general. Evers asked to hire private attorneys in the latest lawsuit after aides to Schimel told him they agreed with the conservative group suing him.

Evers needed the approval of Walker to hire private attorneys, and Walker wouldn't agree to that. As a result, Evers decided to use Ryan Nilsestuen, the chief counsel at his Department of Public Instruction.

But on Wednesday, Solicitor General Misha Tseytlin notified the Supreme Court that he — not Nilsestuen — would represent Evers. Tseytlin is a top aide to Schimel.

A spokesman for Schimel did not immediately respond to a request for comment.

Rick Esenberg, the president of WILL, said he would leave it to others to weigh in on how the attorney general handles cases.

Evers won re-election to his nonpartisan office in April. He is one of several Democrats running in next year's primary to challenge Walker.