September 1, 2014

Request for stay rejected in Act 10 lawsuit

A state appeals court has rejected a request to stay a Dane County judge’s decision, which found portions of Governor Walker’s collective bargaining law unconstitutional.

The state had asked the appellate court to put the ruling invalidating portions of Act 10 on hold while it appeals the decision. The three-judge panel said it saw no basis to justify blocking the order, which was issued by Dane County Circuit Judge Juan Colas last September. Colas had rejected a similar request to put his decision on hold in October.

The ruling struck down portions of the controversial union law by overturning restrictions on collective bargaining for some school and local government workers.

State Department of Justice spokeswoman Dana Brueck said the agency was disappointed the Court of Appeals turned down the request, but noted that judges “expressly recognized that our position has a very high chance of success on appeal and rejected out of hand any suggestion that the circuit court decision has the same precedential, statewide effect as a published appellate decision.” Brueck says that’s something agency will consider when deciding whether to seek a stay at the next level, which would likely be a direct appeal to the state Supreme Court.