GLLF Comments on Proposed Act 21 AG Opinion

Per the new AG opinion process, GLLF submitted a letter on October 25, 2019, to Wisconsin Attorney General Josh Kaul requesting he decline Governor Evers’ August 6 request for an AG opinion on the scope of Act 21. As the letter noted:

“The subject matter of the request—“the applicability of 2011 Act 21 (“Act 21”) to an agency’s ability to promulgate or enforce certain administrative rules”—is squarely before the Wisconsin Supreme Court at this time. Rendering an opinion on an issue soon to be addressed by the state’s highest court would be inconsistent with those principles you recently endorsed relating to attorney general opinions.”

AG Kaul stated in his press release introducing the new opinion process,  “Please see 77 Op. Att’y Gen. Preface (1988) for a more detailed explanation of the criteria for requesting a formal opinion.” 77 Op. Att’y Gen. Preface (1988) includes the following provision: “An opinion should not be requested on an issue that is the subject of current or reasonably imminent litigation, since an opinion of the attorney general might affect such litigation.”

Accordingly, it would be inappropriate for AG Kaul to release an opinion on a matter presently before the court. For more analysis, read the full letter here.