IN the SUPREME COURT, STATE of WYOMING 2014 WY 15 OCTOBER TERM, A.D. 2013 January 28, 2014
IN THE SUPREME COURT, STATE OF WYOMING 2014 WY 15 OCTOBER TERM, A.D. 2013 January 28, 2014 KERRY and CLARA POWERS, on behalf of themselves and the citizens of Wyoming, and CINDY HILL, on behalf of herself and as the SUPERINTENDENT OF PUBLIC INSTRUCTION, Appellants (Plaintiffs), No. S-13-0052 v. STATE OF WYOMING and MATTHEW H. MEAD, GOVERNOR, in his official capacity, Appellees (Defendants). 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. Before KITE, C.J., VOIGT*, BURKE, DAVIS, JJ., and GOLDEN, J., Retired. BURKE, J., delivers the opinion of the Court; DAVIS, J., files a specially concurring opinion, in which VOIGT, J., joins; KITE, C.J., and GOLDEN, J., Retired, file a dissenting opinion. *Justice Voigt retired effective January 3, 2014. NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. BURKE, Justice. [¶1] 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. We conclude the Act unconstitutionally deprives the State Superintendent of Public Instruction of the power of “general supervision of the public schools” that is entrusted to the Superintendent in Article 7, Section 14 of the Wyoming Constitution.1 CERTIFIED QUESTIONS [¶2] The district court certified four questions to this Court.
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