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AG seeks rehearing in Hill decision

Posted: Monday, Feb 3rd, 2014

PINEDALE – A week ago, the Wyoming Supreme Court ruled Senate File (SF) 104 unconstitutional. The law, passed by the Legislature and signed by Gov. Matt Mead last January, reorganized the Wyoming Department of Education (WDE) and created an appointed office of WDE director.

The 3-2 decision, written by Justice James Burke, states, while lawmakers have the ability to alter the powers of the superintendent of public instruction, SF 104 went too far, effectively stripping the position of the inherent powers granted by the state constitution.

“The office of superintendent is a constitutional office and the entrustment of general supervision is a specific grant of power and responsibility to that office. That power cannot be legislatively removed unless there is specific authorization in the Constitution for such action. There is no such authorization in the Wyoming Constitution,” the decision states.

Immediately after the decision was released, Mead’s office said the governor had instructed Attorney General Patrick Michael to “provide an analysis of the legal and practical implications of the decision.”

On Thursday, Michael’s office announced he would seek a rehearing from the court.

For the complete article see the 02-04-2014 issue.

Click here to purchase an electronic version of the 02-04-2014 paper.

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