Sen. Cory Tomczyk (R-Mosinee) released a statement criticizing a final report from the Senate Special Committee on Oversight of the Department of Justice that finds Attorney General Josh Kaul violated state law by permitting attorneys funded by out-of-state special interests to work inside the Wisconsin Department of Justice with the authority of assistant attorneys general.
The committee, chaired by Senate President Mary Felzkowski (R-Tomahawk) with Tomczyk serving as vice chair, issued the report on Tuesday, March 31, in Madison. It concludes that Kaul allowed staffers from the New York University State Energy and Environmental Impact Center, which is funded by Bloomberg Philanthropies, to embed in the DOJ’s environmental enforcement efforts without required legislative approval.
This model is designed to provide expertise without additional taxpayer cost, as the fellows’ salaries are covered by NYU and Bloomberg Philanthropies rather than the state. Similar placements exist in other states’ attorney general offices, according to publicly available information.
Tomczyk says in the statement, “This is not a gray area. This is a betrayal of public trust.”
The report alleges these attorneys, who are not Wisconsin state employees but are salaried by the NYU center, receive the power of the state to pursue cases against Wisconsin farmers and businesses. Tomczyk states that the attorneys handle at least 35 cases, often involving minor technical violations that result in significant forfeitures for what he describes as non-real environmental infractions. He adds that Kaul admits under oath he never sought legislative approval for the positions, as required, and that the office violates Wis. Stat. 165.055 by failing to properly appoint the attorneys. One attorney reportedly begins work before obtaining a license to practice law in Wisconsin.
Kaul testified before the oversight committee in February, asserting the use of external fellows is legal and helps supplement DOJ resources. DOJ supporters argue that outside-funded attorneys do not circumvent state law but function under supervision, providing technical assistance rather than independently enforcing law.
Tomczyk says: “Wisconsin taxpayers had no idea this was happening, and Kaul made sure of it.” He continues: “I did not come to Madison to watch Wisconsin become Illinois. I came to fight for the farmers, the small business owners, and the families who make this state unique.”
The issue
The issue centers on a fellowship program at the NYU center, backed by former New York City Mayor Michael Bloomberg’s philanthropy, that places attorneys focused on environmental and energy issues in state attorneys’ general offices. Critics, including Republican lawmakers and farming groups, argue it creates undue outside influence on enforcement priorities, effectively allowing billionaire-funded interests to shape Wisconsin policy. Supporters and the DOJ view it as a way to bolster environmental prosecutions without additional taxpayer cost.
Farming organizations file a lawsuit in Calumet County Circuit Court in early 2025, challenging the arrangement, claiming the special assistant attorneys general operate with state power while paid exclusively by the outside center. That case remains ongoing. The Senate committee formed in December 2025 amid broader Republican concerns about external influences on the Democratic-led DOJ, with hearings in February 2026 where Kaul testifies. Kaul describes the proceedings as “political theater.” The committee plans recommendations alongside the report.
Tomczyk says the outside-funded attorneys’ paychecks come from New York University and a billionaire, and their work targets hard-working Wisconsin farmers and businesses. He adds: “Josh Kaul’s motives appear to have little to do with serving the people of Wisconsin and everything to do with advancing a radical outside agenda. When billionaire-funded activists in New York are dictating how Wisconsin law gets enforced, we have a serious problem.”
The oversight effort occurs as Kaul, a Democrat first elected in 2018, seeks a third term, with the Republican-controlled Senate using its committee powers to examine DOJ operations. Wis. Stat. 165.055 generally requires that assistant attorneys general be attorneys admitted to practice in Wisconsin and appointed by the attorney general. The committee argues the process here bypasses proper legislative oversight for the funded positions.
The statute does not explicitly prohibit outside-funded attorneys from serving in a state office if they are properly appointed and supervised. The reported instance of an attorney practicing before licensure could constitute a technical violation, but the broader statutory violation claim remains legally unsettled.
The allegation that AG Kaul violated state law is unproven. The oversight committee presents a politically charged interpretation, citing concerns over licensure and appointment. The legal question is pending in court, and Kaul’s defense emphasizes supervision and the legality of fellowship placements.
The claim of statutory violation is not confirmed by any court ruling as of March 31, 2026.
The issue reflects broader partisan conflicts over external influence and environmental enforcement, rather than settled legal wrongdoing.
AI assisted with article research.
