CHEYENNE, Wyo. (AP) - The Wyoming Supreme Court should reconsider and reverse - or at least clarify - its decision in the state superintendent of public instruction case because the ruling stands to cause confusion about constitutional authority, state Attorney General Peter Michael said Wednesday.
“The State of Wyoming is concerned that certain ambiguities in the court’s opinion will have the effect of increasing the uncertainty surrounding the superintendent’s constitutional authority,” Michael said in a brief seeking the rehearing and clarification.
Concerns about Republican Superintendent Cindy Hill’s administration of the department led to the GOP-controlled Legislature and Mead, also a Republican, to enact a law last year that removed the superintendent as head of the state Department of Education. The superintendent was replaced by a director appointed by the governor but remained one of five statewide elected officials.
Hill, a Republican who has decided to run for governor this year, was removed as head of the department in the middle of her four-year term and was provided a new, separate office. Mead appointed Richard Crandall as director of the department.
Two weeks ago, the state Supreme Court ruled 3-2 that a law enacted last year taking away many of the superintendent’s duties was unconstitutional. The court said the Legislature went too far, but at the same time it acknowledged that lawmakers have the power to alter the superintendent’s duties.
Lawmakers and Gov. Matt Mead have expressed concerns that the decision did not give any guidance on what superintendent duties can or can’t be changed by the Legislature without violating the state constitution.
“We are all obligated to follow the court’s ruling, and it is important the court’s ruling is clearly understood,” Mead said in a statement. “The Attorney General’s motion seeks further clarification and direction that would be helpful to legislators as they work to move this forward as quickly as possible.”
Several bills have been proposed in the current budget session that offer different ways of handling the matter, including holding a special session later this year.
Hill, who led the lawsuit challenging the law, could not be immediately reached for comment.
If a rehearing is granted, which is rare, the court will decide whether to stay its decision until the rehearing is decided.
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