Status of Legal Challenge to Budget Repair Bill/New Public Sector Collective Bargaining Law
2011-03/22 Dean R. Dietrich                                                           Printer Friendly PDF Version

As you know, a Dane County Circuit Court Judge has issued a temporary injunction prohibiting the Secretary of State from publishing Wisconsin Act 10 in order to make it effective on March 26, 2011.  The Judge has scheduled a hearing for Monday, March 28, 2011, to take further testimony and decide whether or not to continue the injunction.

The Attorney General has filed a motion seeking leave to appeal the Trial Court decision.  This motion is filed with the Court of Appeals in Madison.  One of the arguments made by the Attorney General is that a Circuit Court Judge does not have the right to stop the publication of a bill/act in order to prevent it from becoming effective.  A specific argument has been made by the Attorney General that the action of the Circuit Court Judge was inappropriate and illegal because it blocked the publication of the bill to make it an effective piece of legislation.

The District Attorney for Dane County who brought the original action indicated that he would file a responsive brief to the Court of Appeals on Wednesday, March 23, at 4:00 p.m.  At the end of the day on Monday, the Court of Appeals issued an order directing the District Attorney to file a preliminary brief addressing the argument raised by the Attorney General that a Circuit Court Judge did not have the right to block the publishing of a piece of legislation in order to prevent it from becoming effective.  This signals a very serious concern on the part of the Court of Appeals as to the right of the Circuit Court Judge to block the publication of Wisconsin Act 10.  The District Attorney for Dane County is required to submit a written brief on that legal argument to the Court of Appeals by 4:00 p.m. on Tuesday, March 22.  This would seem to indicate that the Court of Appeals will be looking very seriously at the argument raised by the Attorney General that it was inappropriate for the Circuit Court Judge to block the publication of Wisconsin Act 10.  The Court of Appeals acknowledges that the law can still be challenged on the basis of a constitutional argument but only after the bill has been published in order to make it an effective law.

We will keep you advised regarding developments on this litigation.  It appears that Wisconsin Act 10 may be published and become effective in the near future.

Please feel free to contact Dean Dietrich, the author of this legal update, or any of the attorneys in the Local Government & Municipalities Focus Team of Ruder Ware: Ron Rutlin, Jeff Jones, Mary Ellen Schill, or Chris Toner if you have questions in regard to this update.

© 2011 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.