Now What?

Confirming the suspicion from a little birdie from West Bend who told me he heard this earlier today, JSOnline reports:

No more guidance planned on Holloway vote
The state attorney general's office informed Milwaukee County today that it will not, as promised, provide a formal opinion on the legality of the move to replace Supervisor Lee Holloway as board chairman in the middle of his term.

The development throws the contentious matter back into the lap of the County Board, which had hoped for definitive guidance from Attorney General Peg Lautenschlager before deciding whether it could hold an out-of-cycle election.

Citing the impact of Holloway's ethics case on board operations, 10 supervisors contend that state law does not prohibit a simple majority from electing a new leader in midterm.

The board held a special meeting Monday but delayed a vote after County Corporation Counsel William Domina said he continued to disagree with Lautenschlager's preliminary opinion on the controversy. Lautenschlager said Domina had relied on the wrong statute in determining that only a two-thirds board majority and a showing of cause could unseat a sitting chairman.

In a letter to Domina today, Assistant Attorney General Michael Bauer said further guidance from the attorney general would not resolve the controversy, and possibly only prolong a clash that seems destined for resolution in court.

Bauer said it would be pointless for the attorney general to spend time on the issue because Domina has already made clear that he stood by his original thinking.

County lawyers are not supposed to request guidance from the state on issues that appear imminently headed for litigation, Bauer wrote. He noted that Holloway's attorney has threatened to sue if the election is held now without any process demonstrating wrongdoing by Holloway.

So, now what?

According to Bauer, Domina screwed up. Does this move save Holloway's bacon?

Let's face it, Holloway is likely to litigate this no matter when the Board moves to elect a new chairman. So, does the Board cower to his threats?