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Appeals Court Refuses to Stay Act 10 Decision
By Wisconsin School Administrators Alliance staff | March 13, 2013
A state appeals court yesterday refused to stay a Dane County judge’s decision that some parts of Act 10 are unconstitutional.
The 4th District Court of Appeals found Judge Juan Colas properly used his discretion in refusing to put aside his decision that the guv’s collective bargaining changes for some local government employees are unconstitutional.
There has been some debate on how far reaching Colas’ decision is in the suit filed by Madison Teachers Inc. and a local representing city of Milwaukee employees, and the Department of Justice argued a stay was needed to avoid confusion for local governments and the possibility of additional lawsuits over what limits remain for their employees in negotiations.
But the appeals court rejected that argument, finding the possibility of confusion was not enough for a stay.
“Until the Wisconsin Supreme Court finally resolves the issue, either by issuing a definitive ruling on the merits or by issuing an order declining to review a merits decision of this court, it seems ongoing litigation is inevitable,” the court wrote.
The judges also found the state had “more than a mere possibility of success” in its appeal, but found the case was not the “near-certain-to-win” situation that would require a stay. Instead, the judges said that represents a “middle ground” in which the state’s case is neither a slam dunk or frivolous.
The SAA is awaiting definitive analysis of the decision from one of the outstanding school attorneys that we work with. The SAA will forward that analysis as soon as it is available. Hang tight. More information to follow.
See Milwaukee Journal Sentinel News Coverage
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