MILWAUKEE JOURNAL SENTINEL v. DEPARTMENT OF ADMINISTRATION

No. 2007AP1160.

768 N.W.2d 700 (2009)

2009 WI 79

MILWAUKEE JOURNAL SENTINEL and Patrick Marley, Plaintiffs-Respondents, v. WISCONSIN DEPARTMENT OF ADMINISTRATION and Stephen E. Bablitch, Defendants, American Federation of State, Municipal and County Employees, Council 24, Wisconsin State Employees Union, Intervenor-Appellant. Lakeland Times and Gregg Walker, Plaintiffs-Respondents, v. Wisconsin Department of Natural Resources and Debra Martinelli, Defendants, American Federation of State, Municipal and County Employees, Council 24, Wisconsin State Employees Union, Intervenor-Appellant, Wisconsin Science Professionals, AFT Local 3272 and Wisconsin Professional Employees Council, Local 4848, AFT-Wisconsin, AFT, AFL-CIO, Intervenors.

Supreme Court of Wisconsin.

Decided July 15, 2009.


Attorney(s) appearing for the Case

For the intervenor-appellants there were briefs (in the court of appeals) by Kurt C. Kobelt and Lawton & Cates, S.C., Madison, and oral argument by Kurt C. Kobelt.

For the plaintiffs-respondents there were briefs (in the court of appeals) by Jennifer L. Peterson, Robert J. Dreps, and Godfrey & Kahn S.C., Madison, and oral argument by Robert J. Dreps.

An amicus curiae brief was filed by April Rockstead Barker and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, on behalf of the American Legislative Exchange Counsel.

An amicus curiae brief was filed by Lucy A. Dalglish, Arlington, Va., and Eric G. Barber and Perkins Coie LLP, Madison, on behalf of the Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, Associated Press, Radio-Television News Directors Association, Society of Professional Journalists, Wisconsin Broadcasters Association, Wisconsin Freedom of Information Council, and the Wisconsin Newspaper Association.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

This case comes to us on certification from the court of appeals. The certified questions are:

(1) Whether courts have jurisdiction to review legislative action to determine if that action was sufficient to amend the Public Records Law; and (2) If so, whether the action taken by the legislature in ratifying a collective bargaining agreement between the Wisconsin State Employees Union (WSEU)

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