Attorney General J.B. Van Hollen Files Motion to Stay Decision in Madison Teachers, Inc., et al. v. Scott Walker, et al.

“Act 10 addressed real and significant financial problems faced by local governments. It makes no sense to force a return to a broken system before the appellate process is completed,” Attorney General Van Hollen said.

MADISON — Attorney General J.B. Van Hollen and the Department of Justice (DOJ) have filed 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, which was filed with the Dane County Circuit Court, asks that the 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.

Regarding the motion, Van Hollen remarked, “Act 10 addressed real and significant financial problems faced by local governments. It makes no sense to force a return to a broken system before the appellate process is completed.”

Copies of the Motion to Stay and supporting brief are available at the following links: