Mar. 28. 2018

 

To:



No. 1921 P. 2/3

OFFICE OF THE CLERK
WISCONSIN COURT OF APPEALS

1 10 EAST MAIN STREET, SUITE 215
PO. Box 1688

MADISON, WISCONSIN 53701~1683

Tclr?phoneo (603) 266- 
300) 947- 3529 .

Facsimile (608) 267- 0640
Web Site: wicourts. gov

- DISTRICT IWII
March 28, 2013

Hon. Richard G. Niess Luke N. Berg
Circuit Court Judge Deputy Solicitm' General
215 South Hamilton, Br 9, Rm 5103 PD. Box 7857
Madison, WI 53703 Madison, WI 53707?7857
Hon. osann M. Reynolds Kevin M. LeRoy
Circuit Court Judge Deputy Solicitor General
215 South Hamilton P.O. Box 7857
Madison, WI 53703 Madison, WI 537074857
Carlo Esqueda Anthony Russomanno
Clerk of Circuit Court Assistant Attorney General
215 S. Hamilton St, Rm. 1000 PD. Box 7 857
Madison, WI 53703 Madison, WI 53707-7857
David L. Anstaett Misha Tseytlin
Perkins Coie, LLP Solicitor General
1 E. Main St. #201 P.O. Box 7857

Madison, WI 53703?5118

Madison, WI 53707-7857

You are hereby noti?ed that the Court has entered the following order:

 

2018XX452

Robert Dallas Newtori, Jr. v. Scott Walker (LC. 201 SCVS 19)

Before Reilly, P..T.

Governor Scott Walker moves for relief pending appeal. Speci?cally, he asks for an

When presented with a motion for relief pending appeal where, as here, the circuit court 

order temporarily preserving the status quo of the case for eight days.

has already denied it, this court must review the circuit court?s decision under an erroneous

exercise of discretion standard. See State v. 191 Wis. 2d 431, 439, 529

Mar.28. 2018 No.1921 P. 3/3

No. 2018500152

225 (1995). 'We are not persuaded that the motion demonstrates an erroneous exercise
of discretion by the circuit court. Further, we also observe that the Governor?s rationale that we 
delay ?his obligation to issue the call for special elections" (Governor?s Emergency Motion at 3)
for eight days so the legislature can change the law and render moot this lawsuit is not for us Or
for the Governor to decide; the Governor understands he has an obligation to follow the law as
do we and we know of no law that allows us to disregard the clear mandate of WIS. STAT.
We also disagree with the Governor?s assertion that the special elections ?are an
unnecessary waste of taxpayer resources and confusing to voters? (Governor?s Emergency
Motion at 2). Representative government and the election of our representatives are never

?unnecessary,? never a ?waste of taxpayer resources,? and the calling of the special elections are

as the Governm' acknowledges, his ?obligation? to follow by virtue of? 8.5 Therefore,

IT IS ORDERED that the motion for relief pending appeal is denied.

 

Sheila If 
Clerk ofCow'r of Appeals