THOMPSON v. CRANEY

No. 95-2168-OA.

199 Wis.2d 674 (1996)

546 N.W.2d 123

Tommy G. THOMPSON, Governor of the State of Wisconsin Petitioner, John T. BENSON, State Superintendent of Public Instruction, Necessary-Party-Respondent, v. Terrance L. CRANEY, Felmers Chaney, Elizabeth Burmaster, Mike Read, Ray Heinzen, Sheryl Miller, Leon Todd, Ody Fish, Patty Hankins, Benjamin Kanninen, Anne Arnesen, Jan Serak, Mona Steele, Crystal McLean, Louis Thompson, Peter Hamon, William Hallstrom and Richard Swantz, Respondents.

Supreme Court of Wisconsin.

Decided March 29, 1996.


Attorney(s) appearing for the Case

For the petitioner there were briefs by Jon P. Axelrod, Joseph A. Ranney, Paul G. Kent and DeWitt, Ross & Stevens S.C., Madison and oral argument by Jon P. Axelrod.

For the necessary-party-respondent the cause was argued by Laura Sutherland, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the respondents there was a brief by Lester A. Pines, Lee Cullen and Cullen, Weston, Pines & Bach, Madison and oral argument by Lester A. Pines.

Amicus curiae brief was filed by Gordon B. Baldwin, Madison for PRESS Supporting Constitutionality of 1995 Act 27.

Amicus curiae brief was filed by Christopher L. Wolle, Madison for Assembly Speaker David Prosser, Jr.

Amicus curiae brief was filed by Steven J. Schooler, P. Scott Hassett and Lawton & Cates, S.C., Madison for The Wisconsin Association of School District Administrators, Inc. and The Wisconsin Congress of Parents and Teachers, Inc.

Amicus curiae brief was filed by Michael J. Julka, Frank C. Sutherland and Lathrop & Clark, Madison for The Wisconsin Association of School Boards, Inc.

Amicus curiae brief was filed by Glenn M. Stoddard and Garvey & Associates, S.C., Madison for the Friends of Public Education, Inc.


ROLAND B. DAY, C.J.

This is an original action to determine the constitutionality of those parts1 of 1995 Wis. Act 27, the budget bill, which created a state

Education Commission, a state Department of Education (DOE), and the position of state Secretary of Education (SOE). By this act, the non-partisan elected state Superintendent of Public Instruction (SPI) is made the chair and a...

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