2011AP613-LV State of Wisconsin ex rel. Ozanne v. Fitzgerald

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Wisconsin Court of Appeals
CERTIFICATION
CIVIL OPINIONS
Open Meetings
Budget Repair Bill

The legality of the passage of the Budget Repair Bill is certified to the Wisconsin Supreme Court.

“This case presents several significant issues involving justiciability and the remedies that are available under Wisconsin’s Open Meetings Law, Wis. Stat. ß 19.81 et seq. As we will explain below, we believe that resolution of these questions will require clarification of the interaction between the Open Meetings Law and a line of cases dealing with the separation of powers doctrine. Many more cases bear on the issues, but we will limit our discussion to the four that our review so far suggests are most significant: Goodland v. Zimmerman, 243 Wis. 459, 10 N.W.2d 180 (1943); State ex rel. Lynch v. Conta, 71 Wis. 2d 662, 293 N.W.2d 313 (1976); State ex rel. La Follette v. Stitt, 114 Wis. 2d 358, 338 N.W.2d 684 (1983); and Milwaukee Journal Sentinel v. Wisconsin Dept. of Admin., 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700.

“Plainly, this case has broad statewide implications for the general public and those most directly affected by the challenged Act, in addition to those interested in the manner of its passage, as indicated by a non-party brief jointly filed by WEAC, AFSCME District Counsel 40, AFSCME District Counsel 24, ATF-Wisconsin, AFSCME District Counsel 48, SEUI Healthcare Wisconsin, and the Wisconsin State AFL-CIO. Accordingly, pursuant to Wis. Stat. Rule 809.61 and J.R.S. v. Fond du Lac Circuit Court, 111 Wis. 2d 261, 263, 330 N.W.2d 217 (1983), we certify the petition for leave to appeal and accompanying motion for temporary relief to the Wisconsin Supreme Court.”

“We certify the following questions: (1) whether striking down a legislative act — also known as voiding — is an available remedy for a violation of the Open Meetings Law by the legislature or a subunit thereof; and, if so, (2) whether a court has the authority to enjoin the secretary of state’s publication of an act before it becomes law.”

2011AP613-LV State of Wisconsin ex rel. Ozanne v. Fitzgerald
Dist. IV
Attorneys: For Defendant Petitioner Movant: Lazar, Maria S., Madison; Kilpatrick, Steven C., Madison; For Respondent: Ozanne, Ismael, Madison

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