Tag Archives: Wisconsin Supreme Court

WI Supreme Court rules state superintendent must seek governor’s approval in rule-making

Three years after ruling otherwise, the Wisconsin Supreme Court has reversed course and ruled that the state superintendent and the Department of Public Instruction must submit proposed administrative rules to the governor for approval as is required of all other state agencies.

Today’s 4-2 ruling overturned a 2016 decision that the state superintendent was exempt from the requirements.  In this decision, the majority ruled that while the constitution provides the state superintendent the authority to supervise public education, the Legislature grants the authority to promulgate rules and, thus, the Legislature can set limits on that authority. Continue reading WI Supreme Court rules state superintendent must seek governor’s approval in rule-making

Elections update: Justice Abrahamson will not seek re-election

Supreme Court Justice Shirley Abrahamson released a statement announcing she will not seek reelection to her position in the April 2019 non-partisan election.  The former Chief Justice was the first woman to serve on the court when she was appointed in 1976.

She has been reelected to 10 year terms four times since then and her term expires on July 31, 2019.  It is not immediately clear who is interested in running for her seat on the court. Continue reading Elections update: Justice Abrahamson will not seek re-election

Primary results: Supreme Court race down to two candidates

The two candidates for the Wisconsin Supreme Court have been set: Sauk County Judge Michael Screnock and Milwaukee County Judge Rebecca Dallet.  Attorney Tim Burns finished third and will not move on to the general election on April 3 to replace Justice Michael Gableman.

According to Wispolitics: “With 99 percent of precincts reporting, Screnock was at 246,853 votes, or 46 percent, while Dallet was at 190,908 votes, or 36 percent, according to unofficial returns collected by The Associated Press. The third candidate, Middleton attorney Tim Burns, was at 95,043 votes, or 18 percent.”

State Supreme Court Decision on Open Meetings Impacts School Committees

The Wisconsin Supreme Court ruled that a committee set up by administrators in the Appleton Area School District to assess a book list used in a high school communications arts course should have been subject to the State’s open meetings law.  The decision overturned earlier court rulings that found that the committee was not a governmental body subject to public notice and other requirements.

The Court’s decision held that since the committee was formed and its membership was appointed using , in material respects, committee procedures that had been authorized by the school board for the purpose of reviewing and making recommendations on the district’s curriculum and instructional materials, it was a governmental body subject to the open meetings law: Continue reading State Supreme Court Decision on Open Meetings Impacts School Committees

Governor Walker Appoints Daniel Kelly to the Wisconsin Supreme Court

supremecourtGovernor Scott Walker on Friday (July 22) appointed Attorney Daniel Kelly to the Wisconsin Supreme Court to fill the vacancy created by Justice David Prosser’s forthcoming retirement. The Wisconsin State Journal reports Kelly is a conservative Waukesha lawyer who has built a lengthy career in commercial litigation.

Under state law, appointees to the state Supreme Court stand for election at the first year in which a Supreme Court election isn’t already scheduled, and in this case contests are already planned for 2017, ’18 and ’19. That means that — should he choose to run — Kelly would be on the ballot in 2020 according to the Milwaukee Journal Sentinel.

Justice David Prosser’s retirement is effective July 31, 2016.

Read More: Governor’s Press Release

Independence/Authority of State Supt. Upheld by Supreme Court

The Wisconsin Supreme Court on Wednesday preserved the powers of the state’s schools superintendent, finding unconstitutional a law Republicans passed in 2011 that requires state agencies to seek approval from the governor before creating new administrative rules to carry out policies, regulations and laws according to the Wisconsin State Journal and the Milwaukee Journal-Sentinel.

Continue reading Independence/Authority of State Supt. Upheld by Supreme Court