Attorney General J.B. Van Hollen Files with Court of Appeals, District IV, Motion to Stay Circuit Court Decision in Madison Teachers, Inc., et al. v. Scott Walker, et al.

“We believe Act 10 is constitutional, and that we'll ultimately prevail in defense of those parts declared unlawful. In the meantime, it's important a stay is granted to avoid confusion while the appellate process moves forward,” Attorney General Van Hollen said.

MADISON — Attorney General J.B. Van Hollen and the Department of Justice (DOJ) have filed with the Wisconsin Court of Appeals, District IV, a Motion to Stay the September 14, 2012, decision by the Hon. Juan Colas, Dane County Circuit Court Branch 10, in the case of Madison Teachers, Inc., et al. v. Scott Walker, et al., which declared portions of 2011 Wis. Act 10 unconstitutional. The Motion requests that the Circuit Court decision be stayed pending an appeal to the Wisconsin Court of Appeals.

The motion argues that the decision is likely to be overturned on appeal and that a stay is needed to avoid confusion and to avoid other harm that might result if local governments are not able to take full advantage of Act 10 while an appeal is pending. The supporting memorandum of law argues that the circuit court failed to fully and properly consider the factors that support the appropriateness of a stay pending appeal in this litigation.

Regarding the motion, Van Hollen remarked, “We believe Act 10 is constitutional, and that we'll ultimately prevail in defense of those parts declared unlawful. In the meantime, it's important a stay is granted to avoid confusion while the appellate process moves forward.”

Copies of the Motion to Stay, Memorandum in Support of Motion to Stay and Affidavit filed today are all available at the following links: