Judge Maryann Sumi
Governor Scott Walker and the Department of Administration will abide by Judge Sumi's order to stop implementation of the union busting Act 10.
By H. Nelson Goodson
March 30, 2011
Madison - On Tuesday, Dane County Circuit Court Judge Maryann Sumi reaffirmed a temperary restraining order issued to Doug La Follette, Secretary of State to stop the publication of Act 10 known as the Governor Scott Walker's (R) union busting bill. The bill eliminates collective bargaining rights for most state employees.
Last Friday, the Legislative Reference Bureau (LRB) posted the bill on its website after being advised to do so by Majority Senate Republican Leader Scott Fitzgerald. Fitzgerald and Governor Walker wanted the bill published, so the state Department of Administration (DOA) could begin to implement the bill. The DOA began to increase state employees payments to their pensions and health care benefits, but kept from taking unions dues.
Judge Sumi said, her March 18th restraining order was ignored and misunderstood, but ordered everyone involved to stop implementation of the bill until the case gets resolved. Those parties found violating the court order would be in contempt and could face penalties ending with costly court sanctions. "Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear," Judge Sumi said.
The Act 10 law was not published as state statues dictate and the website publication of the law by LRB is invalid, according to Judge Sumi. On Wednesday, Governor Walker and the Department of Administration confirmed that they will abide by Judge Sumi's order to stop implementation of the union busting Act 10.
The state attorney in court had argued that in 1943, the State Supreme Court ruled that a lower court could not interfere with legislation until it was publish and enacted setting a precedent. But the Supreme Court didn't address, if such legislation could be challenged when open meetings law was violated making the legislation moot.
The state legislature is not exempt from failing to following open meetings law when dealing with legislation that would impact and affect the public interest without a 24 hour notice allowing public participation, according to state law.
On March 9, a joint legislative committee gave a two hour notice to separate Senate Bill 11, which eliminates collective bargaining from Walker's budget repair bill.
Governor Walker signed the bill into law two days later and the Secretary of State had ten days to publish it in the Wisconsin State Journal to make it legal.
Judge Sumi allowed La Follette to remove the state department of justice from representing the Secretary of State due to conflicts. Sumi ordered Governor Walker to appoint another attorney to represent La Follette.
The case will continue on Friday, Sumi hasn't ruled yet if the joint legislature violated the open meeting law. She criticized legislators for not meeting again and giving a 24 hour notice to pass the bill and for wasting taxpayers funds in a court challenge. Governor Walker and the Republican controlled legislature believes they followed the law and will prevail in court.
Democrats believe otherwise and criticized the Republicans for illegally passing Act 10 and for pushing the Legislative Reference Bureau to illegally publish the bill without authority of La Follette. La Follette had previously sent a letter to the bureau to cancelled publication until further notice due to pending litigation.
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Governor Scott Walker and the Department of Administration will abide by Judge Sumi's order to stop implementation of the union busting Act 10.
By H. Nelson Goodson
March 30, 2011
Madison - On Tuesday, Dane County Circuit Court Judge Maryann Sumi reaffirmed a temperary restraining order issued to Doug La Follette, Secretary of State to stop the publication of Act 10 known as the Governor Scott Walker's (R) union busting bill. The bill eliminates collective bargaining rights for most state employees.
Last Friday, the Legislative Reference Bureau (LRB) posted the bill on its website after being advised to do so by Majority Senate Republican Leader Scott Fitzgerald. Fitzgerald and Governor Walker wanted the bill published, so the state Department of Administration (DOA) could begin to implement the bill. The DOA began to increase state employees payments to their pensions and health care benefits, but kept from taking unions dues.
Judge Sumi said, her March 18th restraining order was ignored and misunderstood, but ordered everyone involved to stop implementation of the bill until the case gets resolved. Those parties found violating the court order would be in contempt and could face penalties ending with costly court sanctions. "Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear," Judge Sumi said.
The Act 10 law was not published as state statues dictate and the website publication of the law by LRB is invalid, according to Judge Sumi. On Wednesday, Governor Walker and the Department of Administration confirmed that they will abide by Judge Sumi's order to stop implementation of the union busting Act 10.
The state attorney in court had argued that in 1943, the State Supreme Court ruled that a lower court could not interfere with legislation until it was publish and enacted setting a precedent. But the Supreme Court didn't address, if such legislation could be challenged when open meetings law was violated making the legislation moot.
The state legislature is not exempt from failing to following open meetings law when dealing with legislation that would impact and affect the public interest without a 24 hour notice allowing public participation, according to state law.
On March 9, a joint legislative committee gave a two hour notice to separate Senate Bill 11, which eliminates collective bargaining from Walker's budget repair bill.
Governor Walker signed the bill into law two days later and the Secretary of State had ten days to publish it in the Wisconsin State Journal to make it legal.
Judge Sumi allowed La Follette to remove the state department of justice from representing the Secretary of State due to conflicts. Sumi ordered Governor Walker to appoint another attorney to represent La Follette.
The case will continue on Friday, Sumi hasn't ruled yet if the joint legislature violated the open meeting law. She criticized legislators for not meeting again and giving a 24 hour notice to pass the bill and for wasting taxpayers funds in a court challenge. Governor Walker and the Republican controlled legislature believes they followed the law and will prevail in court.
Democrats believe otherwise and criticized the Republicans for illegally passing Act 10 and for pushing the Legislative Reference Bureau to illegally publish the bill without authority of La Follette. La Follette had previously sent a letter to the bureau to cancelled publication until further notice due to pending litigation.
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