Susan Bysiewicz v. Nancy Dinardo

Summary

The court held that the plaintiff had standing and that her declaratory judgment claims were ripe because her declared candidacy created a substantial uncertainty about her eligibility and postponing review could cause significant personal and public harm. On the merits, the court construed the statutory qualification for attorney general to require at least some courtroom litigation experience, regular legal practice as a primary livelihood for ten years, and representation of clients; the plaintiff's duties as secretary of the state did not satisfy those requirements. The court also upheld the statute against the state constitutional challenge because the legislature retained authority to prescribe qualifications for the attorney general. Bishop, J., concurring, joined by Palmer, J., agreed with the jurisdictional, statutory-qualification, and constitutional conclusions but would not have held that litigation experience is required.