Waukesha attorney Michael Morse enjoyed meeting “a well-known government employee” during a visit to Sedona, Arizona, in summer 2023.

Feb. 21, 2024 – Local government lawyers face a broad range of complex legal issues, and make a strong impact on their communities, says Waukesha attorney Michael Morse.

Morse (Marquette 1981), with Municipal Law & Litigation Group, has represented local governments both in private practice and in-house as a full-time appointed municipal attorney.

Currently, he is president-elect of the Senior Lawyers Division. He has also served as chair of the State Bar of Wisconsin's Administrative and Local Government Law Section, is a past member of the State Bar’s Board of Governors, and a past chair of the State Bar Finance Committee.

Is it local government law or municipal law?

Lawyers who practice in this area often use the terms interchangeably. I have always understood the term “local government law” to be broader than “municipal law.”

The term “municipality” generally refers to cities, villages, towns, and counties. Local governments include both municipalities (which are often described as general-purpose local governments), as well as special-purpose local governments, such as school districts and metropolitan sewerage districts.

Most lawyers who practice in this area represent local governments. However, the practice area also includes some lawyers representing private clients who appear before or seek approvals from local governments.

What was your path to practicing local government law?

After graduating from Marquette Law School in 1981, I joined the von Briesen law firm in Milwaukee. Part of the firm’s practice involved representing and advising local governments.

I enjoyed working for local governments, either as their general counsel or as a special counsel for a particular matter or issue. In 1999, I was appointed the full-time in-house Village Attorney for Menomonee Falls in Waukesha County.

In 2003, I also became a part-time faculty member at Marquette Law School, teaching the local government law course. Over the years, I’ve also given presentations on local government law and other topics as part of CLE programs sponsored by the State Bar and for other organizations, such as the League of Wisconsin Municipalities.

What does a local government lawyer do day to day?

For government or private lawyers who act as general counsel for local governments, much of the lawyer’s day is spent responding to questions or requests from local government employees or officials on a broad range of legal issues.

The lawyer’s responses could involve giving written or oral legal opinions, drafting or interpreting local ordinances or policies, or negotiating and drafting contracts.

Other fairly common activities include assisting a local government when it responds to a public records request, prosecuting ordinance violations in municipal or state courts on behalf of a local government, defending a local government in litigation, and meeting with and advising the various boards and commissions that are also a part of most local governments.

What especially do lawyers need to know about local government law?

Local government law is a highly regulated area. State statutes and state constitutions are the primary source of laws that authorize or restrict local government actions.

The U.S. Constitution, federal statutes, and federal regulations also significantly affect the ability of local governments to act. In special areas such as water law, interstate compacts or international treaties may also influence local government decisions.

What did you like most about doing local government law?

I like the broad range of complex legal issues that local governments face. The other is the opportunity to provide legal assistance to the level of government that is closest to the public. Few members of the public will have the opportunity to influence policy at the state or federal level, or to meet the president or the governor. In most Wisconsin municipalities, however, it is fairly easy to directly contact your local public officials or to influence public policy at the local level.

What are you doing now?

I retired from my full-time position with the local municipality in March 2020. I retired from the part-time teaching position at Marquette after the spring 2023 semester.

I joined the Municipal Law & Litigation Group on a part-time basis a few years ago. The firm acts as general counsel for a number of Wisconsin municipalities. The firm also has a significant litigation practice defending municipal entities, public officials, and employees.