Summary 2014 WY 15

Summary of Decision January 28, 2014

Justice Burke delivered the opinion for the Court. Justice Davis concurring generally and with special concurrence in which Justice Voigt joins. Chief Justice Kite and Justice Golden (ret.) dissenting.

Case Name: KERRY and CLARA POWERS, on behalf of themselves and the citizens of Wyoming, and CINDY HILL, on behalf of herself and as the SUPREINTENDENT OF PUBLIC INSTRUCTION v. THE STATE OF WYOMING and MATTHEW H. MEAD, GOVERNOR, in his official capacity.

Docket Number: S-13-0052

*To see the full opinion, which includes general concurrence, special concurrence and dissent, please follow this link: http://www.courts.state.wy.us/Opinions.aspx

W.R.A.P. 11 Certification from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge.

Representing Appellants: Angela C. Dougherty, Dougherty Law Office, P.C., Cheyenne, Wyoming.

Representing Appellees: Peter K. Michael, Attorney General; John G. Knepper, Senior Assistant Attorney General. Argument by Mr. Michael.

Date of Decision: January 28, 2014

Facts: This matter comes before us as four certified questions from the district court for the First Judicial District of Wyoming. These questions ask us to determine whether Senate Enrolled Act 0001 violates the Wyoming Constitution.

Certified Questions: The district court certified four questions to this Court. However, we find the following question to be dispositive: Does Senate Enrolled Act 0001 violate Wyoming Constitution Article 7, Section 14?

Conclusion: The first certified question from the district court states: “Does Senate Enrolled Act 0001 violate Wyoming Constitution Article 7, Section 14?” We answer that question as follows: Yes. The “prescribed by law” provision in Article 7, Section 14 does not provide the legislature with unlimited authority to prescribe the powers and duties of the office of Superintendent. The legislative authority to prescribe is limited by the responsibility of “general supervision of the public schools” that was entrusted to the Superintendent in Article 7, Section 14. The legislature can prescribe powers and duties of the Superintendent, but it cannot eliminate or transfer powers and duties to such an extent that the Superintendent no longer maintains the power of “general supervision of the public schools.” The 2013 Act impermissibly transfers the power of general supervision from the elected constitutional office of Superintendent to the statutory office of Director of the Department of Education who is appointed by the Governor. Under the Act, the Superintendent no longer maintains the power of general supervision of the public schools. SEA 0001 is unconstitutional. In light of our response to the first certified question, it is unnecessary to consider Appellants’ challenges to the Act on the constitutional grounds identified in the remaining certified questions. We remand to the district court for entry of an order consistent with this opinion.

*To see the full opinion, which includes general concurrence, special concurrence and dissent, please follow this link: http://www.courts.state.wy.us/Opinions.aspx

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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