Schisler v. State

Judges HARRELL and RAKER

concur and dissent as follows.

Although there is much in Judge Cathell’s, Judge Wilner’s, and Judge Battaglia’s opinions that is commendable, we find ourselves unable to join fully any of them. This is because we conclude that, while the Legislature possesses the power to modify the terms of service of the incumbent members of the Public Service Commission (PSC) so as to terminate their service as of 30 June 2006, it went too far when, in fashioning an ad hoc and utterly novel appointment procedure to govern solely the selection of the immediate successors to the…