GREEN BAY — Three days removed from Dane County Circuit Court
Judge Juan Col�s' ruling, overturning a portion of the controversial Act 10 law that stripped local government and school district employees of their collective bargaining rights, what is the next step in the legal process?
He says if the stay is not granted - which he believes will be filed in the coming days or week - then the DOJ would move on to the appellate court to make the same request.
"It's important to get this (ruling) clarified as soon as we can so that local units of government know what law they are operating under," said Van Hollen to FOX 11's Bill Miston.
Van Hollen says the ruling is inaccurate and it can have "a far-reaching and immediate impact on the will of the people - as spoken through the legislature and (Governor Scott Walker)."
The ruling came down late Friday.
In it, Col s said the law violates both Wisconsin's and U.S. Constitutions and found in favor of the plaintiffs, including
Madison Teachers, Inc.
Van Hollen says because Col s' ruling declared the law - as it applies to county, city and school district workers "null and void" - it does not exist. That is why he wishes to have the ruling stayed.
"(We don't know) what position they are in, with regards to labor negotiations. So we don't know off-hand, and how urgently it impacts, directly, these many numerous units of local government. That's something that, obviously we're going to learn more about as they start to speak up."
Col s' decision in favor of the plaintiffs does not impact state employees or those in the University of Wisconsin System.
Walker: The law will be upheld
At an event in Minneapolis over the weekend, Governor Walker fielded questions from the media regarding the Friday ruling.
Walker said if a stay isn't granted, and the ruling is eventually overturned, the result could be chaotic.
"It would be incredibly challenging for schools - right now in the middle of their school year, in the middle of a tax levy year - to have to make that sorts of changes,” explained Walker. “And it potentially would put a great number of employees - at the local level, in our school districts and local governments - at risk."
"The law, just as it was last year, will be upheld," said Walker.
You may remember in
May 2011, Dane County Circuit Judge Maryann Sumi ruled that Republican legislators violated Wisconsin's open meetings law, making the collective bargaining law void.
June of 2011, the Wisconsin Supreme Court, in a 4-3 decision, ruled that Sumi overstepped her authority when declaring the law void.
Green Bay labor attorney Jim Kalny says the legal battle surrounding the ruling could go on for months.
But its impact could be more immediate.
"Because the people it applies to in Dane County are Governor Scott Walker and the Wisconsin Employment Relations Commission, consequently, if there's orders that are binding on them, it probably will at least - would assume, would seem to have statewide impact," explained Kalny, an attorney with Davis-Kuelthau, who specializes in representing municipalities and school districts in labor matters.