MADISON, WI (WSAU) – A Madison judge rejected a lawsuit that attempted to oust the chairman of the state’s Natural Resources Board.
Attorney General Josh Kaul brought the suit to try to force Wausau dentist, Dr. Fred Prehn, off the board. Prehn was appointed by Governor Scott Walker in 2015, and his term expired on May 1st. He claims that state law and long-standing precedent allows him to hold onto his seat until his replacement is confirmed by the State Senate.
Governor Tony Evers has nominated Sandra Naas to the NRB, but senators have yet to hold a vote confirming her. The board continues to have a 4-3 majority of GOP appointees.
On Friday Dane County Circuit Court Judge Valerie Bailey-Rihn refused to issue an order forcing Prehn to step down. She cited a ruling from the state Supreme Court from 1964 that allows members of state boards and commissions to continue serving until their replacements are ready to take their seats. Friday’s ruling, while not condoning Prehn’s actions, said it is not up to the court to determine when a board member’s term is over.
The Department of Natural Resources did not forward any agenda items to the Natural Resources Board earlier this month, causing its most recent meeting to be canceled.