Kirk Law Office L.L.C.

How To Wednesday… Creating and LLC

Please note that I actually wrote this on Wednesday, just didn’t get it published until today!

I help a lot of people set up an LLC with the State of Wisconsin. The process isn’t very complicated and I sometimes do it online, with my clients present. Don’t think that this post is going to give you everything you need to know about setting up your LLC. Choosing to do business as an LLC as opposed to a partnership, corporation, non-profit, or sole proprietorship has implications on your taxes and your legal exposure if your business gets into trouble. Creating an LLC has implications on your estate if you should die. It becomes an asset that potentially is subject to division if you (or your partner) get divorced. I advise talking to a lawyer who can explain the different entity choices and what long-term effects the different choices have for you.

That being said, here we go, off to the State of Wisconsin Department of Financial Institutions. Your first step for setting up your LLC is to choose a name for it. You cannot pick a name that someone else is already using. How do you know if your choice is available?

Go to www.dfi.gov and click on “I want to search…” a menu will drop down, choose “Corporate Records”

You will get a page with a search box. Type in the name you want to use. Any similar name will show up in the results.

Search results for “Kirk Law” were:

If the name you would like to use is not listed, you are good to go because it is available. Wisconsin requires that you will have to use “L.L.C./Limited Liability Company/LLC” or some other variation in your name. This is a requirement because it lets the world know what type of entity you are choosing.

Go back to the main DFI page. Click on, “I want to file…” in the dropdown menu choose “Create a Corporation/LLC”

The website will take you through several questions, some seem very repetitive. Here are a few keywords you will need to know:

“Member” is an owner of the LLC, like a stockholder in a corporation. An LLC can have one or many members. Members can be people or other legal entities like another company.

“Manager” is the person or people who get to make decisions about how the LLC operates. I can be a member, or not a member. You will have a question asking whether the LLC will be “member-managed.” If you want to restrict decision-making only to owners you should choose to be member-managed.

“Registered Agent” is the person who is the official contact for the LLC. If you get sued, this person is the one who must be served with paperwork.

“Organizer” is the person who is creating the LLC. It may be a member, or could be someone else, like your attorney or accountant.

“Article of Organization” is the document that creates your LLC. It’s like your very own constitution, or charter.

“Operating Agreement” is the rule-book for how your LLC operates. It can determine who gets to be a member, how profits are paid, memorializes what everyone’s initial contribution to the LLC was, designates what happens if a member dies or wants to get out of the LLC. There are some standardized forms available over the internet, but if you have a spouse or a partner, you should review your operating agreement with a lawyer. I’m not trying to hard sell you here. I just think that getting a lawyer’s perspective matters. What if your LLC co-member gets divorced? What if you become seriously ill or are injured in a car accident and can’t do your fair-share for the LLC anymore? There are lots of contingencies you can plan ahead for to avoid trouble down the road.

There is a filing fee of $130 for registering your LLC. You will have to pay it online. Alternatively, you can have a lawyer draft up the paperwork and send it to the DFI with a check. Once you “file” the registration, you will be notified via e-mail that it has been received. That does not mean it has been “filed.” Once it is “filed” you will receive a notice providing you with a DFI Entity Number.

And that, folks, is how an L.L.C. is created. It is not magical, it’s an online form-filling and payment process. The real “magic” of what I do is sit down with people and explain how creating an LLC or any business entity establishes a relationship with co-owners, impacts your relationship with your spouse, and affects your annual income tax exposure, medical assistance eligibility, and so much more. Contact me if you have questions.

Johanna R. Kirk

Kirk Law Office, L.L.C. – 1418 Tower Ave. Suite #6; Superior, WI 54880 (715)-718-2424

How To Wednesday: Informal Background Check

WARNING:

Before I launch into the “How To” portion of today’s post, let me extend a few words of caution. This post is going to teach you how to check someone’s history with the Wisconsin Court System. It is an informal search of public court records. If you are an employer who is obligated to background check employees, this is NOT a background check process that complies with laws or insurance company protocols. Further, if you are an employer who is “curious” about an employee or applicant there are laws that govern how you can and cannot use public record information in making a hiring or employment decision. To be honest, the best use of this tool is for checking up on an annoying in-law that will give you gossip for the next family get-together. Now that we’re clear, here is How To Do an Informal Background Check.

The Wisconsin Court System keeps an online website that reports court activity which can be searched by name, case number, or county. Most people want to know about local, Circuit, cases (small claims suits, criminal charges, personal injury cases, probates, etc.) If you ever hear a lawyer or court official use the term “C-Cap” they are talking about this website – Circuit Court Access Program.

STEP 1: Go to the Wisconsin Court System website. Click on “Case Search” and pick “Circuit Court” from the drop down menu.

STEP 2: The next page is a warning (like mine above) that cautions you about how you use any information you may find on the site. If it is your first time using the site, read it. After that, ignore it. It seldom changes. Click on “I Agree.”

STEP 3: Enter that information about your in-law! The more information you provide, the more accurate your results will be.

Let me define the Case Number category. Each time a case, whether criminal, civil, small claims, or otherwise is filed it receives a case number. If you are involved in some kind of court proceeding the case number is usually is found on the top right portion of your court documents. The numbering system has some logic to it. The first two numbers are the year it was filed. The letters in the middle indicate what kind of case it is. The final two numbers are the number of that type of case filed. For example:

“12 PR 36” was the thirty-sixth probate case filed in the year 2012 in that county.

“14 FA 0003” was the third family or divorce action filed in 2014.

Each county maintains separate cases and numbers. 14 FA 0003 in Douglas County is NOT the same case as Ashland County 14 FA 0003.

So as a trial, let’s look at one of my in-laws. Just kidding. We’ll check on me instead. I entered my last and first name. No restrictions on a particular county and hit “Search”

RESULT: No result?!

This could mean I entered information incorrectly, or that I have a perfectly clean court history! Because this doesn’t make for a very fun ending to the post, let’s try someone who I know won’t disown me for using his name – my dad.

RESULT: You get a list of every court case he’s been involved in:

From that page you can click on any of the individual cases to learn more about the other party or parties, attorneys and outcome of the case. If a fine or judgment was entered against someone you can even check to see if the amount owed has been paid.

Have fun stalking those in-laws, or exes. As I said, just be cautious about using any information you find about employees. If you want the dirt on your staff, there are procedures to do that properly so they are given notice and consent to an official background check.

Johanna R. Kirk

Kirk Law Office, L.L.C. 1418 Tower Avenue Suite #6; Superior, WI 54880 715-718-2424

How To Wednesday… Draft a Deed.

Transferring property to another person should be simple enough but the process often seems confusing and complicated. Take your typical home sale, for example. Many people choose to list a home with a realtor which requires a listing contract, a disclosure of the property condition, offers, counteroffers, purchase agreements. And those documents are all before the house even sells. At closing you will be provided a title insurance policy or abstract, sometimes a satisfaction of mortgage, and, FINALLY, a deed.

The deed is the document that actually transfers the property. But deeds come in many different forms – quit claim, warranty, personal representative, trustee, transfer on death, and I’m sure I’m missing some. What I hope to teach you today is a little bit about the different kinds of deeds and the essential elements of a deed.

Warranty Deed. This deed promises that the property being transferred is actually owned by the person signing the deed.

Quit Claim Deed. This deed makes no promises about ownership. I could give you a quit claim deed to the White House and you would have no recourse for me lying about owning it.

Personal Representative’s Deed. This is a deed used when the estate of a deceased person is selling or transferring property.

Trustee’s Deed. This deed is used when a trust is selling or transferring property.

Transfer on Death Deed. This is a deed that can be signed and recorded but only takes effect when the person making the transfer (the Grantor) dies.

Deeds come in many varieties but all of them have some very basic elements:

Grantor: the person signing the deed, transferring it to whoever the property is going to.

Grantee: the person receiving the property

Property Description: This is the legal description of the property being transferred. It is not the same as the street address. In most of Northern Wisconsin property descriptions are based on the Public Land Survey System that was used centuries ago to map the United States. Each piece of land falls into a Range number, a Section of that Range and a Township of that Section. But when property is described the description goes from the most specific to the broadest category. This is why legal descriptions often read, “The Southern one-half (1/2) of the Eastern one-half (1/2) of the Southwest quarter of Section Ten (10) Township Eighteen (18) North Range Twelve (12) West, Douglas County, State of Wisconsin.” (This is a completely made up description.)

For more information about understanding the Public Land Survey System and property descriptions, read this tutorial from the Wisconsin Department of Revenue. Public Land Survey Tutorial.

Property descriptions can also come in the form of surveys. These could be surveys that are already recorded with the County (Lot 2, Certified Survey Map 231) or in a description called “metes and bounds” (starting at a point at the Southwest Corner of Section 16, then North 250’ at an angle of 89 degrees…) Metes and bounds descriptions use angles and distances to describe the outline of the property.

Usually, the best place to find the legal description of your property is on the deed you received when the property was transferred to you. A word of caution – some old forms of legal descriptions are no longer allowed. For example, a legal description cannot be based upon reference to other deeds or document numbers.

Signature: the person transferring the property must sign the deed.

Authentication or Acknowledgement: the deed must be signed either by an attorney or a notary public. The Grantor should sign the deed in front of the attorney or notary so that it can be signed by them at the same time.

Identification of Drafter: Wisconsin law requires that the person who drafted the deed must identify themselves.

Return To: once the deed is recorded at the local register of deeds office, they return the original to the person identified.

Transfer Return: The State of Wisconsin imposes a tax on certain property transfers. If you are selling or transferring property you should check with the Department of Revenue’s website for information about whether 1) you need to file a Transfer Tax Return; and 2) Whether any tax is actually owed. If you do need to pay the tax, you will have to complete the form online, pay the tax, and submit proof of payment with the deed when you record it in your county.

Register of Deeds Office: Each county has an office that keeps records of deeds and other documents affecting property (mortgages, liens, leases, etc.) The Register of Deeds office is open to the public; it is the place where anyone can find out about who owns what property and whether there is any issue with the ownership. In order for a transfer of property to be complete, it must be recorded so that the world at large knows about the transfer. There is a fee for recording a deed.

I typically don’t advise people to go off and try to do deeds by themselves. There are lots of steps where mistakes can be made. I do tell clients that if they want to start the paperwork and have me review it, I can do that. By having the information ready ahead of time – proper legal names, accurate and current legal description, the job of a lawyer in helping draft a deed is made much simpler. I have had clients ask me to review deeds they drafted which were just perfect and ready to be signed and recorded. It can be done by you, but you would be wise to do your homework first to make certain you are doing it correctly.

For more information about deeds, other real estate documents and how to record them, visit the Wisconsin Register of Deeds Association’s website.

Johanna R Kirk – Attorney

Kirk Law Office, L.L.C. 1418 Tower Ave, Suite #6; Superior, WI 54880 (715) 718-2424

Introducing How-To Wednesdays! How To…. File a small claims suit.

Welcome to the first installment of “How-To Wednesdays.” My hope is to spend these days giving some practical DIY guidance. If you have a topic you’d like addressed, let me know!

Many people are opting to avoid a lawyer’s office and handle small claims cases on their own. In the world of fancy law lingo we call these “pro-se” or “self-represented” parties. They have received a LOT of attention from judges and lawyers who complain that the self-represented party often doesn’t know what they are doing, wasting courts’ time and resources. So if you are thinking about going alone into a small claims case in Wisconsin, here are some tips and helpful information:

1. There are three levels of Courts in Wisconsin. The local, county, trial courts are called Circuit Courts. The second level of courts where appeals are filed are called Appellate Courts. You only get to the appeal court if a judge made a mistake, not just because you don’t like the outcome. Appeals are not do-overs. The Wisconsin Supreme Court is the third layer and decides appeals of cases that have statewide implications. When filing a small claims case you will file in your county with the Circuit Court.

2. Check out the Wisconsin Courts website for prepared, fill-in-the-blanks forms. Some of them come with instructions on them.

3. If you are filing a small claims suit you cannot claim more than $10,000.00. If you think you want to win more than that you will need to file a civil suit which has different procedure from a small claims suit.

4. Suits get filed with the Clerk of Courts Office, which is not the same thing as the Courts. If you go to a courtroom they will send you to the Clerk of Courts. There is a filing fee for bringing a lawsuit. Be prepared to write a check for about $100.

5. Before a court can make any decision about your case the person you are suing is entitled to know about the suit. This is called “service of process.” In some counties the Clerk of Courts office may be willing to do this for you by sending the paperwork via certified mail, for an additional fee. When you file with the Clerk of Court ask them about service options.

6. At the first hearing the Judge or Court Commissioner will determine who the parties are, if service has been made, and if a trial is needed. The only way you will get a win at the first hearing is if the other party does not answer or show up. If you think that may happen, you will need to have additional paperwork ready to give the court such as an Affidavit of Non-Military Service that verifies the party you are suing is not a member of the armed forces.

7. If the other party does fight your suit you will be expected to try to settle it. If it cannot be settled you will have a trial.

8. In the end, even if you win an award, it does not mean you will automatically get paid the money you are owed. Lawyers often say that a Judgment is only worth the $.08 of paper it is printed on. Getting a judgment and getting paid are entirely different matters.

If you are considering a small claims suit and would like to know more about the process, deadlines, and requirements look at the Basic Guide To Wisconsin Small Claims Actions which was designed for self-represented parties. If you’ve browsed the Court website, and the Guide and still feel like you have unanswered questions, it may be time to call an attorney. Many can help out with answering your questions and helping you through the small claims process. Some will even do it for a reasonable price!

Johanna R Kirk

Kirk Law Office, L.L.C. 1418 Tower Avenue Suite #6; Superior, WI 54880 (715) 718-2424

“I wish my employees knew how to…”

In 2013 Wisconsin created the Fast Forward Program that provides grant money to employers to train skilled workers. On March 3, 2014 the program opened a second round of grant applications. If you have a business that needs to train employees to meet your specific needs you should look into the program. It is designed to provide assistance to companies whose employees cannot receive the needed training through other sources. If you have a niche business with some really unique systems, technology, equipment this program could be for you. For more information, or to complete the grant application go to the Wisconsin Fast Forward website.

Johanna R Kirk

Kirk Law Office, L.L.C.; 1418 Tower Ave. Suite #6; Superior, WI 54880 (715) 718-2424

The Times Are Changing for Lawyers.

“The portion of what lawyers

do that absolutely, positively,

nobody else can do is thin

and shrinking.”

Jordan Furlong, Three Ways to Compete in the Marketplace; New Math, New Money: A Lawyer’s Guide to the Changing Business of Law.

It is a warning that has been coming at lawyers for years now. Our system of doing business isn’t going last. Courts offer fill-in-the-blank forms for nearly every matter ranging from small claims to probates. Websites can draft wills at cheaper prices than attorneys. Documents needed to buy and sell a home or property can be found online. Leases, contracts, employee policy manuals all can be found for free or nearly-free in a book at the library. In many ways, it is true. The things that only a lawyer can do are few and the public wonders, “Do I really need a lawyer for this?”

The answer is…maybe. But you should talk to a lawyer first to find out. I agree that the landscape of legal services has changed. Clients are fed up with paying lawyers thousands of dollars before filing for a divorce only to be asked for a few thousand more before an important hearing, only to be asked for more before the trial. And once the client hires the attorney and falls into the world of billable hours, it seems there is no way out. The same complaints are made by insurance companies who pay for defense attorneys, businesses who work with lawyers on a regular basis, and families who just want to settle the estate of a loved one that passed away.

So what are the few key things that a lawyer can actually provide you as a client? Well, one thing is a meeting. That sounds pitiful – some coffee and an hour for you to explain your situation and maybe get some answers. Those initial consultation meetings often seem like a lawyer’s sales pitch. “You’re not my client, but I can get you signed up for X amount of dollars and then we can delve into what our firm needs to do to help you out.” Wouldn’t it be nice if a lawyer just said,

“I think the best steps for you are to do numbers 1, 2, 3, and depending upon whether you think you’ve gotten what you want at that point, we can discuss whether number 4 or 5 is appropriate. In order to get you through that process, I will charge X amount of dollars up through number 3. Once we get to the point of deciding about number 4 or 5, it will cost X to do number 4 or X to do number 5. How do you feel about those costs? Would the decision be easier if I let you make equal monthly payments?”

Here’s some great news. There are lawyers doing just that. Having open conversations about exactly what a lawyer does and exactly how much it will cost. Let’s be fair. If one of the biggest complaints about lawyers is the fee structure, then online services ought to be losing! The benefit to having a real-life, breathing and walking attorney is that the client has the power to negotiate fee arrangements. And any lawyer who won’t discuss them or negotiate them doesn’t deserve the client’s business. This doesn’t mean that clients should get to set the price for legal help, but they certainly should get some input. What’s that age-old saying, two heads are better than one? Your lawyer should adopt that philosophy; a client is part of the legal system, not just the financial support of it.

So if you feel like trying something new and different – a lawyer who considers the client as part of the legal team, contact Kirk Law Office. My mission is to ensure that clients get what they really want from the attorney-client relationship: value. Not just a contract, a signed document, a court-order. Clients deserve more – a true relationship and input into what the attorney does and what it should cost.

Johanna R. KirkAttorney, Superior WI

This Time A Federal Judge Is Throwing The Penalty Flag.

It isn’t news that over 4,500 former NFL players sued the NFL in federal court seeking payment for concussion and concussion-related injuries. What shocked many people was the settlement announcement in August 2013 where both sides agreed to the NFL paying $765 million to end the suit. The settlement was subject to approval by the Court pursuant to rules of federal procedure.

In January 2014 the parties filed a joint motion seeking preliminary approval of the settlement. The motion was nearly 80 pages long and included details of how the money would be used:

to establish a fund for payments to former players
to establish medical testing procedures to determine players’ eligibility for funds
to establish a Baseline Assessment Program that will begin testing retired players for eligibility and monitoring for future eligibility
to establish caps of per-player payments based upon the type and nature of injury/condition
to educate players, youth and the public about cognitive impairments and prevention of them

These are only a few of the details found in the settlement plan. The complete Motion can be found here: Prelim-Approval.

The Settlement Proposal, nearly 180 pages, can be found here: Settlement-Agreement

On January 14, 2014 the judge who reviewed the settlement proposal and the motion refused to give it preliminary approval. Why? If both sides are happy, why isn’t the judge happy? The judge heard arguments from the attorneys and reviewed the settlement plan but had doubts that $765 million was enough to fulfill the promises long term. She’s asked for more financial documentation. In theory, there are more than 20,000 retired NFL players and dividing the pool evenly among them results in equal payments of no more than $38,000.00. That number assumes the fund is divided to the players without any money taken out for management, attorneys’ fees, costs of the suit, or the other programs promised by the settlement.

The attorneys for the players and the NFL will be providing the judge with further documentation about the feasibility of the settlement and details of how the money will be distributed, invested, or used for management and operation of the programs. The deal isn’t dead yet, but it has been moved back about 20 yards and is facing a fourth-down situation. If this deal doesn’t get Court approval, it’s off to trial for both sides, or back to the negotiating table. And if the judge refuses to approve a settlement of $765 million, I can only speculate about how big a settlement amount would need to be in order to get her approval.

If you are following the concussion case you can access various court documents online to read the Complaint, Answer, and motions.

Johanna R. Kirk

Kirk Law Office, L.L.C. 1418 Tower Avenue Suite #6; Superior, WI 54880 (715) 718-2424

Changes In Unemployment Eligibility Are Here!

January 5, 2014 has come and gone and with it came some pretty big changes in Wisconsin’s eligibility for unemployment benefits. There has been an increase in maximum weekly benefits from $363 to $370. Whoop, whoop. I know.

The biggest change isn’t in the benefits a worker may be eligible for, but whether the worker is entitled to benefits at all. Employers now have a new arsenal of tools to challenge whether benefits should be paid. The first is the new two-tiered analysis of whether an employee was terminated for misconduct or substantial fault. According to the Wisconsin Department of Workforce Development,

“An employee’s behavior may be substantial fault when the employee violates a requirement of the employer but the violation does not rise to the level of misconduct. Substantial fault does not include: minor violations of rules unless the employee repeats the violation after warning, unintentional mistakes made by the employee or not performing work because the employee lacks skill, ability, or was not supplied the equipment.”

Previously, an employee who quit was generally ineligible for benefits unless she could show that she fell into one of eighteen exceptions that would reinstate benefits. Those exceptions have changed too. Four of them have been modified and eight have been eliminated.

With new language will come new interpretations and arguments. Cases will work their way through the DWD and off into the Court System to help define these new rules and regulations. The important thing for employers to know right now is that the changes are here. If an employee requests unemployment benefits you should go to the DWD website to see if you might have a basis for challenging the application. Or read through 2013Act20 Plain Language to see if it helps answer your questions. If you are unsure, contact Kirk Law Office of Superior, WI for a no cost consultation on unemployment eligibility, the unemployment claim process and your options as an employer.

Johanna R. Kirk

Cow Manure and Bat Guano. Not All Shit is Treated Equally.

“Manure has long been a normal and necessary part of the operation of a dairy farm. Dairy farmers have cows. Cows produce milk and manure. Dairy farmers utilize both milk and manure as assets to their farm operations: farmers sell milk, and farmers spread manure on their fields as a nutrient. The fields provide feed for the cows who repeat the cycle of milk and manure.”

So said a Wisconsin Court of Appeals on December 11, 2013 in the case of Wilson Mutual Ins. Co. v. Falk.

The case addressed whether manure is a covered “pollutant” under a farm owner’s policy issued by Wilson Mutual. In early 2011 the Falks participated in a manure-use program approved by crop experts and Washington County authorities that permitted them to use their cow manure to fertilize their fields. Later that same year the Department of Natural Resources informed the Falks that their manure had polluted a local water source and neighbors were demanding money. The Falks filed a claim with their insurance company, Wilson Mutual, who denied coverage claiming manure was a “pollutant” and excluded by their policy language. “Pollutant” was defined in the policy as an “irritant or contaminant,” including “waste.” The insurance company was so confident in their position that they filed a suit against the Falks seeking a court declaration that manure is a “pollutant” and excluded from their policy. The county (Circuit) court agreed with Wilson Mutual and the Falks appealed that decision. The Court of Appeals reversed the decision, holding that cow manure is not a “pollutant” and Wilson Mutual must defend any claims against the Falks and pay any damages the Falks are responsible for.

Believe it or not, this is not the first time a Court has had to decide whether crap is a “pollutant.” In Hirschhorn v. Auto-Owners Ins. Co., 2012 WI 20, ¶27, 338 Wis. 2d 761, 809 N.W.2d 529 a Court decided that bat guano that built up in the walls of a home causing enough damage to make the structure a total loss was a pollutant and the homeowners’ insurance company did not have to pay for rebuilding the home.

So what’s the difference between bat poop in 2012 and cow manure in 2013? As the court states, “Manure is a matter of perspective.” Yes, they actually wrote that in the opinion. The Court explained its “perspective”,

“…while an average person may consider cow manure to be “waste,” a farmer sees manure as liquid gold. Manure in normal, customary use by a farmer is not an irritant or a contaminant, it is a nutrient that feeds the farmer’s fields that in turn feeds the cows so as to produce quality grade milk. Manure in the hands of a dairy farmer is not a “waste” product; it is a natural fertilizer. While bat guano is “waste” to a homeowner, and lead paint chips are universally understood by apartment building owners to be dangerous and pollutants, manure is beneficial to a dairy farmer.”

The Court also pointed out Wilson Mutual should have expected that farmers value manure as an asset since it insured a manure holding tank, manure pump and manure spreaders. By assuming liability for the equipment and tools that store and spread manure Wilson Mutual also assumed liability for the claims associated with the manure after it was spread on fields.

So…. bat guano in a home is unexpected, unwanted, and thus, a pollutant. Cow manure on fields is “liquid gold”. That makes it about as clear as… well, mud.

Johanna R. Kirk – ATTORNEY

Kirk Law Office, L.L.C. – 1418 Tower Ave. Suite #6 – Superior, WI 54880

Day One Is Done and the Act 10 Battle Goes On.

My first day at Kirk Law Office is in the books. The office is (mostly) set up and I’ve even had a chance to get some work done for clients! In preparing for this venture I heard that the average solo splits lawyering with business management on a 60% to 40% ratio. That means nearly half of a lawyer’s time is spent running the business, not serving clients. That stinks for those of us who actually love doing the lawyering part. My goal is to be as efficient as possible with the business management stuff so I can get back to doing what I love. Part of what I love, is sharing the wealth of information about changes in the law with you, my readers.

If you know me, you know that I have represented public sector employers and Wisconsin’s Act 10 (passed in 2011) has been an ongoing saga for attorneys who do that type of work. Here’s a recent update. Act 10 requires unions to hold a vote to re-certify their status annually. Earlier this year, the Wisconsin Employment Relations Commission (WERC) put in place an election system so that every local bargaining unit could apply for re-certification and eligible members could vote whether or not they want the union to continue. In late October, a Madison, WI judge (Judge Colas) declared WERC was in contempt of court because he had ruled the re-certification requirement violated the Wisconsin Constitution. He imposed an injunction on WERC ordering them to stop the election process. On November 22, 2013 the Supreme Court of Wisconsin lifted the contempt order and the injunction. For the time being, re-certification elections are back on.

The Colas ruling on the constitutionality of Act 10 is before the Wisconsin Supreme Court right now. Oral arguments on the case were heard in November. A decision on whether Act 10 violates the Wisconsin Constitution is expected sometime between now and June 2014. Stay tuned for more updates.

Johanna R. Kirk