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IOWA COUNTY v. IOWA COUNTY COURTHOUSE

No. 90-2015.

166 Wis.2d 614 (1992)

480 N.W.2d 499

IOWA COUNTY, a municipal corporation and Honorable James P. Fiedler, Circuit Court Judge, Plaintiffs-Respondents, v. IOWA COUNTY COURTHOUSE/SOCIAL SERVICES EMPLOYEES, LOCAL 413, AFSCME, AFL-CIO and Kristy K. Spurley, as President of Local 413, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided March 4, 1992.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Bruce F. Ehlke and Lawton & Cates, S.C., Madison and oral argument by Mr. Ehlke.

For the plaintiffs-respondents there was a brief by Kirk D. Strang and Godfrey & Kahn, S.C., Madison and Joel L. Aberg and Weld, Riley, Prenn & Ricci, Eau Claire and oral argument by Mr. Strang.

Amicus Curiae brief was filed by Robert W. Mulcahy, John J. Prentice and Michael, Best & Friedrich, Milwaukee for Wisconsin Counties Association.

WILLIAM A. BABLITCH, J.

AFSCME Local 413 appeals a decision of the Circuit Court for Iowa County. The circuit court held that a collective bargaining agreement could not usurp the power of the circuit court judge to appoint a register in probate. Section 851.71(1), Stats., provides that "the judges of the county shall appoint . . . a register in probate." The statute is clear and unambiguous. Accordingly, we affirm the judgment of the circuit court.

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