With Act 10 Decision Pending, State Republicans Introduce Bill to Reform Courts

State lawmakers frustrated with appropriately passed legislation pending in local courts before being enacted have introduced a bill to reform the state's court system.

Rep. David Craig (R-Town of Vernon) and Sen. Glenn Grothman (R-West Bend), along with Rep. Al Ott and Sen. Leah Vukmir, introduced legislation on Monday to reform the state’s court system by allowing injunctions on state statute to receive an expedited review by a higher court. 

“Both job creators and residents of our state have grown increasingly confused with the status of our state laws when a single local judge stops the statewide enforcement of statutes passed by the duly elected legislature and duly elected Governor,” state Rep. Craig in a release. “This legislation addresses that issue by allowing for a higher court to review an injunction by establishing an expedited process of appeal.” 

Previously, by Dane County Circuit Judge Juan Colas. He called parts of the law unconstitutional after a suit was filed by a Madison teachers' union and Milwaukee city employee union.

Attorney General J.B. Van Hollen had asked the 4th District Court of Appeals to stay the ruling while they appealed, but was denied. In March,  the state appeals court upheld that decision, and Van Hollen backed away from taking the matter to the State Supreme Court, stating in a release that he was "content to focus on the merits and we look forward to a decision upholding Act 10 in its entirety, consistent with the prior ruling of United States Court of Appeals for the Seventh Judicial Circuit." 

Grothman addressed what he sees as an inequity in the process and for voters.

“When the State Legislature passes a law and the Governor signs it this reflects representation from around the state. The idea that a new law can be put on hold by an activist judge that may represent less than one half of one percent of the state’s population is offensive and must be changed,” he added.

Under the legislation introduced Monday, if a circuit court or court of appeals places an order that halts the implementation of any state statute, it would be immediately appealable to a higher court. If such an appeal is made to a higher court within 10 days of entry of the lower court’s order, the lower court’s order would be immediately stayed pending an order by a higher court.

Nothing in the legislation would prevent any court from entering an order that suspends or restrains the implementation of a state statute, or prevents a higher court from removing the stay should the higher court determine the lower court’s order was reached appropriately.