Here’s an update from the City Attorney on some of the court cases going on about all the events at the capitol in February and March.
Greetings,
CA May has asked that I provide you with a summary of the recent action of the Wisconsin Supreme Court (see Order attached).Attached is the Wisconsin Supreme Court Order in the case involving the State’s petition for a supervisory writ in the continuing legal actions related the Budget Repair Bill. The State of Wisconsin and Department of Administration Director Huebsch filed the petition on April 7, 2011 requesting the Supreme Court a) to vacate Judge Sumi’s Temporary Restraining Order (TRO) in the District Attorney’s action to enforce the open meetings law; b) to declare that the court has no authority to vacate a legislative act under the open meetings statute; and c) requesting temporary relief (a stay of all further proceedings in the case before Judge Sumi)
The Supreme Court Order, issued on May 4, 2011, sets a briefing schedule both on whether the Court should accept jurisdiction over the petition and on the merits of the petition itself. In addition the Court requires the parties to address 6 specific questions related to procedural and jurisdictional issues. Per the Order, briefing will be completed by May 27, 2011. Oral argument is scheduled for June 6, 2011 at 9:45am. The Order does not stay the proceedings before Judge Sumi. Consequently, the status of the bill is not affected by the Order.
Just as a reminder, I have included below a brief summary of the nature and Status of Budget Repair Bill (BRB) Litigation
1. Ozanne vs. Fitzgerald et al, 2011CV001244
Litigation relating to the alleged open meeting violation which includes as part of its requested relief an injunction to prevent the Secretary of State from publishing the act and a declaration that the action taken by the legislative bodies is void. Currently a temporary restraining order is in place with respect to the Secretary of State’s action as well as any other State action to implement the BRB. Testimony (from the State’s (DA Ozanne’s) witnesses) has been taken on the motion for a temporary injunction. There is a briefing schedule set with the final brief due on 5/23/11.
2. Ozanne vs. Fitzgerald et al, Appeal Number: 2011AP000613-LV
This is an interlocutory appeal (of the TRO) taken by the State in the above case. Rather than hearing the case, the Court of Appeals certified it to WI Supreme Court (SC) concluding that the SC was the proper forum for the issues. It is in hold status in the Court of Appeals pending a decision by the SC on whether it will hear the case or conclude it should be heard by the Court of Appeals.
3. State v. Circuit Court of Dane County, 2011AP000765-W
This is a petition for a supervisory writ. It was filed by the State and the Director of the Department of Administration. It requests the SC to vacate the TRO entered by the trial court in #1 above and declare that courts cannot invalidate an act of the legislature under the open meetings statute. On May 4, 2011 the SC established a briefing schedule in the matter and set oral argument for June 6, 2011.4. Miscellaneous other litigation: a). Dane County’s litigation challenging the constitutionality of the BRB was dismissed with the court holding (among other things) that the County as a municipal corporation did not have standing to challenge the constitutionality of a State law; b). Union litigation challenging the BRB on constitutional grounds (the constitutional requirements of a fiscal bill and equal protection) is pending.
ACA Carolyn S. Hogg
