97-0270 Jackson et al. v Benson, Superintendent of Public Instruction

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“More than 1300 days have passed since this court issued its decision in Jackson v. Benson. More importantly, more than 600 days have passed since the information advanced by respondents in support of their disqualification claim became publicly known. Inasmuch as motions such as this constitute an attack on the integrity of this court’s decisions, they must be brought promptly. This one was not. Respondents’ inordinate and unexplained delay in raising the disqualification issue in a timely fashion constitutes a waiver of whatever objections they may have had in this regard and lead us to the conclusion that the motion to vacate is frivolous. …

“We conclude that the motion to vacate, coming as it did almost two years after the public disclosure of the information pertinent to the respondents’ claims and shortly before oral argument in the United States Supreme Court, was filed in bad faith, for improper purpose, to undermine the public’s confidence in the legitimacy of this court’s decision and the integrity of this court as an institution. The seriousness of a motion of this sort is not an excuse for tardiness in bringing it; to the contrary, the gravity of this type of motion compels that it be timely brought to ensure a prompt resolution. The only reasonable inference that can be drawn from the inordinate untimeliness and suspect timing of this motion is that it was brought in bad faith for improper purpose. Any other conclusion would seriously undermine the concept of frivolousness. We grant the motions of the state and Marquelle Miller, et. al., for an award of reasonable attorney fees and costs incurred in responding to the motion to vacate. We remand the matter to the Dane County Circuit Court for a determination of the amount of reasonable attorney fees and costs.”

DISSENTING IN PART: Abrahamson, Ch. J., concurring in part and dissenting in part. ” I join only Part I of the court’s opinion. I do not join Part II of the opinion remanding the matter to the Dane County Circuit Court to determine the amount of reasonable attorney fees and costs for a frivolous action. This proceeding ought to end now.”

Motion to vacate decision of June 10, 1998; Per Curiam