VIDEO: Court Hears Arguments in Union Suit 6pm 6/6/11
VIDEO: Judge Strikes Down Collective Bargaining Bill 6pm 5/26/11
VIDEO: Ruling a Small Victory for Protesters 6pm 5/26/11
UPDATED Monday, June 6, 2011 --- 2:42 p.m.
MADISON, Wis. (AP) -- A county prosecutor is trying to convince the Wisconsin Supreme Court that Republicans should appeal a judge's ruling overturning the state's polarizing union rights law through the normal process.
Republicans have asked the high court to take the case early, but Dane County District Attorney Ismael Ozanne asked the justices during oral arguments Monday to allow the case to follow the usual appeals process. He says that would provide a better record if the case reaches the Supreme Court.
Ozanne filed a lawsuit challenging the law eliminating most of public employees' collective bargaining rights shortly after Republican Gov. Scott Walker signed it. He says Republican legislators violated state law by convening a committee meeting on the proposal without the proper public notice.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Monday, June 6, 2011 --- 12:45 p.m.
MADISON, Wis. (AP) — Conservative justices on the Wisconsin Supreme Court are questioning the attorney for the judge who struck down Republican Gov. Scott Walker's divisive union law, asking why the judge thought she had the authority to block it from going into effect.
Dane County Circuit Judge Maryann Sumi ruled last month that Republicans violated Wisconsin's open meetings law when they met on the measure without proper public notice. She declared the law void — a ruling state attorneys have asked the Supreme Court to overturn.
Justice Michael Gableman asked during Monday's oral arguments how Sumi reconciled her order with prohibitions on legislating from the bench. Sumi's attorney, Marie Stanton, replied the Legislature invited the courts to play a role when it adopted the open meetings law.
Gableman asked where judges' authority stops.
Copyright 2011 The Associated Press.
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UPDATED Monday, June 6, 2011 --- 10:20 a.m.
SPECIAL NOTE from NBC15: You can watch this hearing LIVE on WisconsinEye: http://www.wiseye.org/
If you are on Twitter, you can follow NBC15's Zac Schultz. He is tweeting today's hearing. Just follow @zschultz15
MADISON, Wis. (AP) — The state Justice Department's second-in-command is arguing before the state Supreme Court that a Madison judge exceeded her authority when she struck down Gov. Scott Walker's contentious union law.
Dane County District Attorney Ismael Ozanne, a Democrat, filed a lawsuit in March alleging GOP legislators convened a committee on the measure without the proper public notice. Judge Maryann Sumi blocked the law from taking effect while she considered the case and last week declared the law void.
The Supreme Court heard oral arguments Monday on the Department of Justice's request to take the case. Deputy Attorney General Kevin St. John told the justices that Sumi's move is unprecedented and she improperly interrupted the legislative process.
Ozanne is expected to make his arguments later Monday morning.
Copyright 2011 The Associated Press.
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UPDATED: Monday, June 6, 2011 --- 4:10 a.m.
MADISON, Wis. (AP) -- The state Supreme Court is scheduled to hear arguments Monday morning on whether it should decide if Republicans violated Wisconsin's open meetings law as they passed Gov. Scott Walker's contentious collective bargaining law.
Dane County District Attorney Ismael Ozanne, a Democrat, filed a lawsuit in March alleging GOP legislators convened a committee meeting without the proper public notice moments before the state Senate passed the measure. Judge Maryann Sumi blocked the law from taking effect while she considered the case and last week declared the law void.
State attorneys representing the Republicans have asked the Supreme Court to take the case. They contend Sumi can't invalidate the law due to an open meetings violation and the Republicans can't be sued because they enjoy legislative immunity.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Saturday, May 28, 2011 --- 8:00 a.m.
MADISON, Wis. (AP) — State attorneys have asked the Wisconsin Supreme Court to immediately vacate a Madison judge's ruling striking down Gov. Scott Walker's contentious collective bargaining law.
Judge Maryann Sumi invalidated the law on Thursday. She ruled Republican lawmakers violated the state's open meetings law during the run-up to passage in March.
The Supreme Court is set to hear oral arguments on whether to take the case on June 6.
State Justice Department attorneys asked the justices on Friday to immediately vacate Sumi's decision. They argue Sumi issued the decision completely on her own and didn't offer anyone an opportunity to be heard or considered whether striking the law down was the proper remedy.
Copyright 2011 The Associated Press.
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UPDATED Thursday, May 26, 2011 --- 9:40 a.m.
NOTE: To read the decision by the Judge, click on the link above marked "Decision and Order 5/26/2011"
MADISON, Wis. (AP) -- A Wisconsin judge has struck down a law taking away nearly all collective bargaining rights from most state workers.
Dane County Circuit Judge Maryann Sumi ruled Thursday that Republican legislators violated Wisconsin's open meetings law during the run up to passage. She says that renders the law void.
The law pushed by Gov. Scott Walker takes away all bargaining rights except over base salary for teachers and other public workers.
The decision is not the end of the legal fight. The state Supreme Court has scheduled arguments for June 6 to determine whether it will take the same case.
Lawmakers could also pass the law again in order to nullify open meeting concerns that led to the judge's ruling Thursday.
Copyright 2011 by The Associated Press. All Rights Reserved.
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Sen. Fitzgerald Statement on Ruling
Madison, WI… Sen. Scott Fitzgerald released the following statement this morning, in response to Judge Sumi's latest ruling:
“There’s still a much larger separation-of-powers issue: whether one Madison judge can stand in the way of the other two democratically-elected branches of government. The Supreme Court is going to have the ultimate ruling, and they’re still scheduled to hear the issue on June 6.
“This overdue reform is still a critical part of balancing Wisconsin’s budget. Republicans are keeping the promises we made to balance the budget, hold the line on government spending, create jobs and improve the state’s economy."
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Speaker Fitzgerald Statement on Dane County Court Ruling
MADISON, WI – Speaker Jeff Fitzgerald (R-Horicon) released the following statement Thursday after Dane County Circuit Court Judge Maryann Sumi ruled Act 10 null and void:
“Act 10 was passed and signed into law in accordance with the rules of the state legislature.
“I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law.”
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Rep. Barca responds to Judge Sumi’s permanent injunction to Act 10
MADISON – “Today Judge Sumi issued a permanent injunction on Act 10, clearly stating that the Republicans violated the Wisconsin Open Meetings Law in their rush to take away workers’ rights.
“This decision also affirms that the people of Wisconsin have the right to be at table in their democracy and the Legislature and the Republicans are not above their obligation to open government.
“Gov. Walker cost the taxpayers by refusing to respectfully sit across the table from his employees, look them in the eye and take yes for an answer on the benefit concessions they offered.
“We hope the Legislative Republicans will rethink their plan to betray the people of Wisconsin
by taking away workers’ rights and hurting Wisconsin’s middle-class.
“Today’s decision by Judge Sumi restores Wisconsin’s long tradition of open government. This ruling sets an important precedent that when the Legislature meets, the people must have a seat at
the table. This is a huge victory for Wisconsin democracy.”
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Secretary Huebsch Statement on Judge Sumi’s Decision on 2011 Wisconsin Act 10
MADISON –Wisconsin Department of Administration Secretary Mike Huebsch today released the following statement regarding 2011 Wisconsin Act 10:
“We look forward to the reforms of the budget repair bill being enacted in the near future. We will continue to pursue legal action with the Supreme Court in an effort to protect middle class jobs and middle class taxpayers.”
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AFL-CIO Statement on Judge Sumi’s Decision Issuing Permanent Injunction on the Collective Bargaining Bill
“This morning Judge Sumi upheld what we knew the beginning, that the law stripping hundreds of thousands of public employees of their rights was passed illegally, in the dead of the night through a back door maneuver,” said Phil Neuenfeldt, President of the Wisconsin State AFL-CIO. “The people have been clear from day one, they have stood together in the streets of Madison and in the streets around the state to express that this law is too extreme for Wisconsin. Today democracy was upheld. We hope that the Supreme Court will consider the careful review conducted by Judge Sumi and support her conclusion.”
“Scott Walker and the Republicans broke the law that night,” explained Stephanie Bloomingdale, Wisconsin State AFL-CIO. “This is a democracy, not a dictatorship, and Judge Sumi’s decision today makes it final that the union busting bill was passed illegally and will not stand.”
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Statement of Madison Mayor Paul Soglin Regarding Judge Maryann Sumi’s
Ruling on Collective Bargaining
May 26, 2011
“I am pleased, but not surprised by the Judge’s ruling. The City of Madison, however, expects that the ruling will be appealed. I will continue to work with City Managers and City Council members to fiscally plan for a variety of outcomes.”
Judge Sumi ruled today that 2011 Act 10, the Budget Repair Bill that contained the collective bargaining law changes, is null and void due to the violations of the open meetings law.
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Statement of Senate Democratic Leader Mark Miller on the ruling of Dane County Judge Sumi:
“Judge Sumi’s ruling today speaks for itself, the Republicans’ actions violated the law.
Today we see the price of the Republicans’ refusing to negotiate and putting their partisan political advantage ahead of the best interests of the people of Wisconsin.
Workers stepped up to the plate and offered to help the state save money. But in their rush to take away workers rights and bust unions, Governor Walker and the legislative Republicans cost taxpayers $30 million.”
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Statement of Marty Beil, Executive Director
Wisconsin State Employees Union, AFSCME Council 24
On Judge Sumi’s Decision Blocking Attack on Bargaining Rights
“This is a great day for the citizens of Wisconsin because the judge has reaffirmed that lawmakers need to follow their own laws. They tried to jam through destructive changes that took away rights from Wisconsin citizens under the cover of darkness. Judge Sumi correctly noted that nobody is above the law that requires the public’s business to be done in public.
“This decision provides a welcome ray of sunshine. It also provides legislators an opportunity to act in the interest of citizens instead of blindly following a governor who wants to take away rights from Wisconsinites. If they again side with Walker against their constituents, they are going to have to do it in full daylight and face the consequences of their actions.”
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County Executive Parisi Statement on Judge Sumi Ruling Nullifying Collective Bargaining Changes
Dane County Executive Joe Parisi issued the following statement regarding Judge Sumi’s ruling nullifying collective bargaining changes at the state level due to open meetings violations.
“Judge Sumi’s ruling is a victory for good government and protecting the very fabric that holds our democracy together.
I also want to thank Dane County District Attorney Ismael Ozanne and his staff for their tireless work on this important case. Their quick action allowed important legal questions to be answered before legislation that would affect so many families in Dane County, and across Wisconsin, was rushed into law.
While justice has been served today, I regret this battle was started in the first place with the Governor and the Legislature’s extreme actions. In Dane County, we work together with our employees to solve our problems – not against them.
These demonized public employees take care of our sick, elderly, and disabled. They rescue children from abusive and life threatening situations, keep our roads clear during blizzards, and put their own lives in danger to protect us. They should be thanked, not attacked.”
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UPDATED Friday, May 6, 2011 --- 3:55 p.m.
MADISON, Wis. (AP) -- State attorneys have asked a judge to dismiss a lawsuit challenging Gov. Scott Walker's contentious collective bargaining law.
Democratic Dane County District Attorney Ismael Ozanne alleges Republican lawmakers violated Wisconsin's open meetings law during debate on the plan. Judge Maryann Sumi has blocked the law while she considers the case. She wants briefs from both sides by the last week in May.
The state Justice Department is defending the lawmakers. In motions filed on Friday, the agency's attorneys said the case should be thrown out because lawmakers are immune from civil actions and Sumi can't legally interfere with the legislative process.
Ozanne filed briefs last month arguing legislative immunity applies only to private lawsuits.
The state Supreme Court is considering whether to take the case.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Wednesday, May 4, 2011 --- 4:20 p.m.
NOTE: Click on link ABOVE to read Supreme Court order.
MADISON, Wis. (AP) -- The state Supreme Court has asked attorneys for reasons why it should take up a lawsuit challenging Gov. Scott Walker's divisive collective bargaining plan.
Dane County District Attorney Ismael Ozanne has filed a lawsuit alleging Republican legislators violated Wisconsin's open meetings law during debate on the plan before Walker signed it into law in March. Judge Maryann Sumi has blocked the law from taking effect while she considers the lawsuit.
The state Justice Department last month asked the Supreme Court to take the case and rule that Sumi doesn't have the authority to block a law before it takes effect.
The court on Wednesday asked for briefs from each side on why it should consider the lawsuit. The court says it intends to hold oral arguments on June 6.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, April 28, 2011 --- 1:45 p.m.
MADISON, Wis. (AP) -- A Democratic prosecutor says a lawsuit alleging Republicans violated Wisconsin's open meetings law in the run-up to passing Gov. Scott Walker's divisive union rights law can go on despite their immunity claims.
Dane County District Attorney Ismael Ozanne alleges Republican lawmakers didn't give proper public notice that a committee was about to meet on the proposal last month. Judge Maryann Sumi has blocked the law from taking effect while she considers the lawsuit.
The Republicans maintain legislators enjoy immunity from civil lawsuits. Ozanne has filed a brief arguing they can be sued because they exceeded their authority and immunity applies only to private actions. He says that applying it would block any remedy for a meetings violation.
The state Justice Department is expected to file a response next month.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Saturday, April 16, 2011 --- 7:45 a.m.
Falk likely to drop lawsuit over Wis. union law
MADISON, Wis. (AP) — A spokesman for Dane County Executive Kathleen Falk says she is likely to drop her lawsuit challenging Gov. Scott Walker's bill taking away collective bargaining rights from public workers after a judge dismissed it.
Dane County Circuit Judge Maryann Sumi left open the possibility that Falk, who is leaving her post next week, could refile the lawsuit as a private citizen.
But Falk spokesman Josh Wescott said Friday she is unlikely to do that since the issues she raised in the lawsuit are also pending in two other cases that are still alive. She argued the open meetings law was violated in the process of passing the bill and that not enough senators were present for the vote.
Dane County Board Chairman Scott McDonell also filed the lawsuit with Falk.
Copyright 2011 The Associated Press.
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UPDATED Thursday, April 14, 2011 --- 2:54 p.m.
County Executive Falk Statement: Judge’s Decision on Jurisdiction
Dane County Executive Kathleen Falk issued the following statement regarding Judge Sumi’s written decision Thursday:
“The judge’s decision today states only the District Attorney or the Attorney General can sue the state to enforce the open meetings law.
It’s for this reason, that I was among the first of several officials to file formal complaints with the District Attorney and Attorney General the very day after legislative Republicans broke open meetings laws. I applaud District Attorney Ozanne for taking up this issue.
While the judge ruled the county isn’t the proper jurisdiction to file this suit, her ruling doesn’t affect her outstanding restraining order in the District Attorney’s case that blocks implementation of the legislation that eliminates the rights of public workers.
Her decision also doesn’t dismiss the questions of open meetings and quorum violations raised after the actions by legislative Republicans it just says Dane County isn’t the proper entity to sue the state over those violations.”
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UPDATED Thursday, April 14, 2011 --- 2:23 p.m.
MADISON, Wis. (AP) -- A judge has dismissed one of three lawsuits filed challenging Wisconsin's divisive law restricting collective bargaining rights.
Dane County Circuit Judge Maryann Sumi on Thursday dismissed the lawsuit filed by Democratic Dane County Executive Kathleen Falk saying she does not have standing to bring the action. The judge says state law forbids an agency or arm of government like a county to challenge the constitutionality of state laws.
Another lawsuit brought by the Dane County district attorney remains. In that case, Sumi blocked enactment of the law earlier this month while she considers whether state open meetings law was violated in the process of passing the bill.
A third lawsuit challenging the law pushed by Gov. Scott Walker has been brought by firefighters and other public workers.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, April 14, 2011 --- 2:14 p.m.
A judge has dismissed the lawsuit by Dane County Executive Kathleen Falk that challenged Gov. Walker's collective bargaining law.
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UPDATED Wednesday, April 13, 2011 --- 2:19 p.m.
MADISON, Wis. (AP) -- A judge says she will issue a decision in a day or two about whether to dismiss a lawsuit challenging Gov. Scott Walker's divisive collective bargaining law.
Wisconsin Department of Justice attorneys argued Wednesday that the lawsuit by Democratic Dane County Executive Kathleen Falk should not be allowed to move forward because it is not ripe given that the law has yet to take effect.
Falk alleges that Republican lawmakers illegally convened a meeting to amend the plan on two hours' notice. She also contends the state Senate lacked enough members to pass the proposal after minority Democrats fled to Illinois.
The same judge earlier this month issued an order putting the law's enactment on hold while she considered whether the open meetings law was violated.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Wednesday, April 13, 2011 --- 1:27 p.m.
MADISON, Wis. (AP) -- Attorneys are attempting to persuade a judge to dismiss a lawsuit challenging Gov. Scott Walker's divisive collective bargaining law.
Wisconsin Department of Justice attorneys argued Wednesday that the lawsuit by Democratic Dane County Executive Kathleen Falk should not be allowed to move forward.
Falk alleges that Republican lawmakers illegally convened a meeting to amend the plan on two hours' notice. She also contends the state Senate lacked enough members to pass the proposal after minority Democrats fled to Illinois.
Arguments on the dismissal motion were continuing before Dane County Circuit Judge Maryann Sumi.
In a similar separate case earlier this month Sumi issued an order putting the law's enactment on hold while she considered whether the open meetings law was violated leading up to the law's passage.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Wednesday, April 13, 2011 --- 8:30 a.m.
MADISON, Wis. (AP) -- A Madison judge is set to hear arguments in another lawsuit challenging Gov. Scott Walker's divisive collective bargaining law.
Democratic Dane County Executive Kathleen Falk's lawsuit alleges Republican lawmakers illegally convened a meeting to amend the plan on two hours' notice. She also contends the state Senate lacked enough members to pass the proposal after minority Democrats fled to Illinois.
State attorneys counter Republican lawmakers are immune from lawsuits while the Legislature is in session. They argue, too, that a judge can't interfere with the legislative process.
The two sides will make their cases in front of Judge Maryann Sumi Wednesday afternoon.
Dane County District Attorney Ismael Ozanne and public unions have filed lawsuits challenging the measure as well.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, April 7, 2011 --- 5:10 p.m.
MADISON, Wis. (AP) -- Gov. Scott Walker's administration is asking the Wisconsin Supreme Court to dismiss a lawsuit challenging the law that would take away nearly all collective bargaining rights from public workers.
The filing made Thursday also asks the Supreme Court to remove a judge's order blocking enactment of the law that was signed by Walker on March 11.
The state Justice Department asks on behalf of Walker's Department of Administration Secretary Mike Huebsch that any further action by the Dane County circuit court be put on hold while the Supreme Court reviews the case.
The circuit court last week put the case on hold indefinitely while it considers whether the open meetings law was violated in the process of passing it.
Copyright 2011 by The Associated Press. All Rights Reserved.
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From the Attorney General's Office:
DEPARTMENT OF JUSTICE FILES ORIGINAL ACTION IN THE STATE SUPREME COURT TO CHALLENGE JUDGE SUMI’S INJUNCTION RULING
MADISON - This afternoon, the Department of Justice, on behalf of the State of Wisconsin and Secretary of the Wisconsin Department of Administration Michael Huebsch, has filed a Petition for Supervisory Writ directly with the State Supreme Court challenging Dane County Circuit Court Judge Maryann Sumi’s Temporary Restraining Orders and other actions in State of Wisconsin ex rel. Ismael Ozanne . Fitzgerald, et al., Dane County Case No. 11-CV-1244. In the action filed today, the Wisconsin Department of Justice is asking the State Supreme Court to take jurisdiction over the matter, order dismissal of the claims asserted in the Dane County Circuit Court action and to vacate the Circuit Court’s Temporary Restraining Order.
A Petition for Supervisory Writ is not a direct appeal from a circuit court order. Instead, it invokes a unique procedure for commencing a new, direct action with the Supreme Court pursuant to Wis. Stat. 809.70, when it is claimed that a judge has exceeded his or her lawful authority. An original action may be brought by any person affected by the judge’s action.
The Legislators named as Respondents in the petition have been made parties pursuant to the applicable procedural rules. However, no relief is being sought against them.
A copy of the Petition for Supervisory Writ is available at:
http://www.doj.state.wi.us/news/files/Petition_for_Supervisory_Writ-9048895_v1.pdf
Joining Assistant Attorneys General Maria Lazar and Steven Kilpatrick are attorneys Eric McLoed, Joseph Olson and Michael Screnock of Michael Best & Friedrich LLP, which has been appointed by the Governor to assist the Department of Justice in connection with this action.
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UPDATED Friday, April 1, 2011 -- 5:42pm
By Zac Schultz
Twitter @zschultz15
Madison: Dane County Judge Maryann Sumi began Friday's court hearing by explaining why she amended her temporary restraining order to say the budget repair bill has not been legally published and is not in effect. "There was nothing presented to suggest and nothing by way of argument that would have suggested that the law was in fact published."
She ended the day by saying the TRO was not changing in the near future. "It remains in effect until further order of the court."
In between, the state tried to show the March 9th Joint Committee on Conference violated the open meetings law by not giving 24 hours or even 2 hours notice, and by not granting enough public access to the hearing.
Senate Chief Clerk Rob Marchant testified he didn't know there wasn't enough notice given when he told Senator Scott Fitzgerald the meeting was legal. "It's not possible to say with 100% certainty that two hours notice was given. I know that now but at the time I made those comments I did not."
The Department of Justice lawyers representing Republican lawmakers say it's unfair their clients could not be heard in court, even though they refuse to waive their legislative immunity.
Judge Sumi says that puts things on hold. "They're entitled to their day in court but it doesn't mean that they're also entitled to have the restraining order vacated until they no longer can assert immunity. So I will continue this hearing."
Judge Sumi wants more legal arguments from both sides on how long the immunity should last, meaning the earliest the next hearing would be is May 23rd.
In the meantime, this could be resolved if lawmakers waived their immunity, asked the judge to rule without their testimony or if the legislature simply went back and took the vote again with proper notice.
That's what District Attorney Ishmael Ozanne is urging. "It's been stated on the record. They could do the hearing over. They could take the vote again, give 24 hours notice."
Sen. Scott Fitzgerald released a statement today saying, "We passed the law correctly, legally the first time. Passing the law correctly and legally a second or third time wouldn't change anything. It certainly wouldn't stop another activist judge and room full of lawyers try to start this merry-go-round all over again."
The other big question is when the lawmakers legislative immunity ends. The law says at the end of the session, but its unclear if that means the end of the legislative session -which is July of 2012- or the end of their term, which is January of 2013.
If it's July 2012, it's unclear if the legislature could simply keep a special session open to maintain immunity.
If it's January of 2013, any lawmaker that was re-elected would be protected under the following session.
Either way, it's unlikely this case would last that long.
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UPDATED Friday, April 1, 2011 --- 4:45 p.m.
Madison, Wis. (AP) — A Wisconsin law stripping most public employees of most of their collective bargaining is likely on hold for at least two months.
Dane County Circuit Judge Maryann Sumi has extended a restraining order keeping the polarizing law from going into effect while she considers whether state open meetings rules were broken in passing the legislation.
Sumi heard testimony today and then gave attorneys until May 23 for additional arguments.
Copyright 2011 by The Associated Press. All Rights Reserved.
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Sen. Fitzgerald Statement on Dane County Court Action
MADISON, WI – Sen. Scott Fitzgerald (R-Juneau) released the following statement this afternoon:
“I’m trying to figure out what Judge Sumi’s ruling actually means, and how one Dane County judge could single-handedly stand in the way of the Legislative and Executive Branches.
“At the end of the day, I still believe that constitutional separation of powers matters.
“We passed the law correctly, legally the first time. Passing the law correctly and legally a second or third time wouldn’t change anything. It certainly wouldn’t stop another activist judge and room full of lawyers from trying to start this merry-go-round all over again. Weeks like the one we just saw are exactly why we have an appeals process.
“In the meantime, my colleagues and I will keep doing what we were elected to do: create jobs, improve the economy and balance the state budget.”
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UPDATED Friday, April 1, 2011 --- 7:40 a.m.
Wis. judge to look at how union law was passed
Madison, Wis. (AP) -- Wisconsin's divisive union law is on hold. Now a judge will return to one of the most pressing questions dogging the measure -- whether Republican lawmakers violated the state's open meeting law during the frenzied run-up to passage.
Dane County Circuit Court Judge Maryann Sumi on Thursday declared that the collective bargaining law wasn't in effect yet. Gov. Scott Walker's administration reluctantly halted work to implement the plan.
Sumi is scheduled to hear testimony Friday on whether Republican legislators convened a special committee to amend the proposal without providing proper public notice. She could issue a permanent block on publishing the law.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, March 31, 2011--- 6:00 p.m.
By: Barclay Pollak
Today's clarification by a Dane County Circuit Court Judge has some Democrats cheering while Republicans cry foul.
In his office Secretary of State Doug La Follette said he's glad to know that the courts believe it's is ultimately his responsibility to publish Wisconsin Act 10.
" I'm pleased to have it made clear now that until the Secretary of State fulfills his responsibility to publish the law and to set an effective date the law, in fact, is not in effect. "
Assembly Minority Leader Peter Barca sent out a press release expressing his thoughts on the day's news.
Barca is headed out of town and wasn't available to comment on camera.
But, today Assistant Minority Leader Donna Seibel spoke with us.
" We are clearly very pleased that at long last the Walker administration and the Republican leadership have realized that they are not above the law. "
Protesters again greeted Gov. Scott Walker in the Fox Valley this afternoon.
At a press conference in Green Bay Gov. Walker referred to a press release from the Department of Administration Sec. Mike Huebsch saying that the administration will comply with the court order.
But Gov. Walker added that he ultimately believes the bill will become law.
" In the end the law is very clear. The law will be implemented. What we're doing is what I think the majority of the people in the state want us to do no matter where they stand on the bill and that's moving forward. "
Via e-mail Sen. Majority leader Scott Fitzgerald released a statement saying that the courts don't have the authority to make laws in Wisconsin.
"Once again, one Dane County judge is doing everything she can to stand in the way of our efforts to improve the economy and create jobs. The fact that the prosecution didn't even request an amended TRO makes it clear: this is judicial activism at its worst."
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UPDATED Thursday, March 31, 2011 --- 1:26 p.m.
MILWAUKEE (AP) -- Republican Gov. Scott Walker says he'll comply with a Dane County circuit judge's order halting enactment of a law that would strip most public workers of their collective bargaining rights.
Walker says in an appearance in Milwaukee Thursday the reason he'll comply with Dane County Circuit Judge Maryann Sumi's order is because it's in writing.
Sumi issued the order halting the plan earlier this week while considering a challenge to its legitimacy. She amended that order earlier Thursday to clarify the law had not taken effect.
The governor's top aide says they've halted preparations to begin deducting money from most public workers' paychecks, but that the administration still believes the law took effect after a state office unexpectedly published online.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, March 31, 2011 --- 11:10 a.m.
Aide: Wis. gov. to halt plans to enact union law
By TODD RICHMOND and SCOTT BAUER
Associated Press
MADISON, Wis. (AP) -- Wisconsin Gov. Scott Walker's top aide says the administration will abide by a judge's order to stop preparation to implement a divisive collective bargaining law.
Department of Administration Secretary Mike Huebsch said Thursday that the Republican governor's administration still believes the law took effect when a state office posted online last week. But he says Walker will abide by Dane County Circuit Judge Maryann Sumi's ruling earlier Thursday that the law hadn't taken effect.
Sumi's ruling came after Walker's administration ignored a restraining order she issued earlier this week saying work on the law should stop while she considers a lawsuit challenging the statute's legitimacy.
Walker officials had contended the order didn't apply to them because they weren't named as defendants in the lawsuit.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, March 31, 2011 --- 12:50 a.m.
Statement from the DOJ:
“We have raised numerous objections to the court when permitted to do so, and we will continue to make objections known to the court. Today’s order is issued over our objections, and we do not believe that it is proper. But it is the court’s order and we understand that DOA will abide by that order. Ultimately, we expect a higher court will need to weigh in on the fundamental issues of constitutional law and judicial power that these proceedings have put to the test.”
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UPDATED Thursday, March 31, 2011 --- 11:10 a.m.
Sen. Fitzgerald Statement on Amended TRO
MADISON, WI – Sen. Scott Fitzgerald (R-Juneau) released the following statement this morning on Judge Sumi’s unrequested amended TRO.
“Once again, one Dane County judge is doing everything she can to stand in the way of our efforts to improve the economy and create jobs. The fact that the prosecution didn’t even request an amended TRO makes it clear: this is judicial activism at its worst.
“There are 17 branches of the Dane County Circuit Court. To say that any one of them has more authority to make laws in Wisconsin than the elected Legislature is ridiculous.”
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UPDATED Thursday, March 31, 2011 --- 11:05 a.m.
Secretary Huebsch Statement on Implementation of 2011 Wisconsin Act 10
MADISON –Wisconsin Department of Administration Secretary Mike Huebsch today released the following statement regarding the implementation of the budget repair bill:
“While I believe the budget repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time. DOA will continue to abide by the court orders, like the department has done all throughout this process.”
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UPDATED Thursday, March 31, 2011 --- 10:30 a.m.
Officials: Wis. gov. puts union law plans on hold
MADISON, Wis. (AP) -- Two officials in Wisconsin Gov. Scott Walker's administration say preparations to implement the state's divisive collective bargaining law have been put on hold.
The officials spoke to The Associated Press on Thursday on the condition of anonymity because the governor hadn't publicly announced his plans. Walker planned to announce his plans on Thursday.
Dane County Circuit Judge Maryann Sumi declared earlier Thursday that the law had not taken effect. Republican leaders contended that it had because a state office published the law online on Friday.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, March 31, 2011 --- 9:15 a.m.
NOTE: To read the declaration, click the link ABOVE marked "Amended Order Granting TRO law not in effect."
MADISON, Wis. (AP) -- A Wisconsin judge has ruled the state's explosive new collective bargaining law is not in effect.
Dane County Circuit Judge Maryann Sumi issued a restraining order earlier this month preventing the secretary of state from publishing the law, typically the last step before it takes effect. Republicans pushing the bill convinced another state office to publish it and declared the law was in effect.
Sumi issued a declaration on Thursday morning saying the law wasn't properly published and isn't in effect.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Thursday, March 31, 2011 --- 9:10 a.m.
Breaking News this morning: Judge Sumi amended the order granting motion for temporary restraining order - stating Wisconsin Act 10 is not in effect.
She declares Wisconsin Act 10 has not been published, and therefore not in effect.
Stay with NBC15 and NBC15.com for continuing coverage.
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UPDATED Wednesday, March 30, 2011 --- 4:05 p.m.
Secretary Huebsch Statement on Implementation of 2011 Wisconsin Act 10
MADISON –Wisconsin Department of Administration Secretary Mike Huebsch today released the following statement regarding the implementation of the budget repair bill:
“I have a legal obligation to execute all laws pertaining to my department that have been passed by both houses of the legislature, signed by the Governor, and published into law. The Department of Justice has concluded that 2011 Wisconsin Act 10 has met those requirements and is now effective law. My legal counsel agrees with the Department of Justice’s legal reasoning and conclusions. Accordingly, it is my duty to administer that law.
“On the other hand, Judge Sumi made clear in comments from the bench yesterday that she intended to prevent further implementation of Act 10 by anyone including, apparently, non-parties such as myself and the Department of Administration. Yet, the TRO she issued fails to state that Act 10 is not in effect. In fact, Judge Sumi declined a request to declare that Act 10 was not lawfully published. It is unclear how she can issue an order binding non-parties to a case who have not had their day in court.
“Because of the questions this TRO raises, its legal effect on my implementation of Act 10 is also unclear. DOA will continue to monitor court proceedings and work with legal counsel and the Department of Justice to determine an appropriate course of action.”
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UPDATED Wednesday, March 30, 2011 --- 11:30 a.m.
Walker remains quiet on court order over union law
MADISON, Wis. (AP) -- Wisconsin Gov. Scott Walker's administration wasn't saying whether it would continue with enacting a collective bargaining law after a judge reiterated the day before that all activity should stop.
However, Walker was moving ahead Wednesday with releasing the rest of his plan for balancing the state's $137 million budget shortfall. Parts of that plan, including a $165 million savings through debt refinancing, were removed by the Legislature before passing the collective bargaining bill earlier this month.
The Legislature was expected to pass that budget proposal as soon as Tuesday.
Meanwhile, the future of the law taking away nearly all collective bargaining rights for most state workers, and forcing them to pay more for their benefits, remained in limbo.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Wednesday, March 30, 2011 --- 6:15 a.m.
Wis. Republicans face new hurdle in union battle
By TODD RICHMOND
Associated Press
MADISON, Wis. (AP) -- Wisconsin Gov. Scott Walker and his fellow Republicans face a new hurdle in their campaign to curb public-sector unions' power.
So far, Republicans have managed one win after another. They've overcome a filibuster, massive protests, Senate Democrats fleeing the state and even a judge's order blocking the secretary of state from publishing the law.
But now they face another roadblock. Judge Maryann Sumi re-issued her order on Tuesday -- and this time she has warned that anyone who violates it will face sanctions.
Still, the matter is far from settled. It's likely the law's legitimacy will be decided by the state Supreme Court.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, March 29, 2011 --- 5:20 p.m.
By TODD RICHMOND
Associated Press
MADISON, Wis. (AP) -- A Wisconsin judge has ruled that there should be no further implementation of a law taking away nearly all collective bargaining rights for public workers.
Dane County Circuit Judge Maryann Sumi said Tuesday that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.
Sumi stopped short of saying the law was not already in effect. She says she will take more testimony on that issue.
The Legislative Reference Bureau posted the law on a legislative website Friday, leading Gov. Scott Walker's administration to declare the law was in effect.
Sumi revised her original March temporary restraining order blocking the secretary of state from publishing the law, which is typically the last step before it becomes effective.
Copyright 2011 by The Associated Press. All Rights Reserved.
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Response from the Department of Justice:
As we told the Court, we have serious concerns about the court’s decision to continue these proceedings under the current set of circumstances. We’ll take the time between now and the next scheduled hearing to decide what our best options are to protect the State’s interests, as is the Department of Justice’s statutory duty.
Bill Cosh
Communications Officer
* * * * * * * * * *
Response from Wisconsin Department of Administration Secretary Mike Huebsch: He issued the following statement regarding Dane County Judge Sumi's order on the implementation of the budget repair bill:
"The Department of Administration is still evaluating the judge’s order. We will continue to confer with our legal counsel and have more information about how to move forward in the near future."
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UPDATED Tuesday, March 29, 2011 --- 2:20 p.m.
Update from NBC15's Dana Brueck: Dane County Circuit Judge Maryann Sumi said that Secretary of State Doug La Follette should have his own representation instead of the attorney general's office. Judge Sumi said La Follette could choose his own counsel. The hearing continues at this hour. If you are on Twitter, you can follow updates from NBC15's Dana Brueck by following @dbrueck1
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UPDATED Tuesday, March 29, 2011 --- 12:10 p.m.
Wis. bureau chief says his agency can publish law
MADISON, Wis. (AP) -- The chief of the state's Legislative Reference Bureau says he believes the agency can publish laws independent of the secretary of state.
The bureau published the state's contentious new collective bargaining law on Friday. The law's opponents contend the bureau couldn't publish the law without a date from the secretary of state, who is under a restraining order preventing him from moving toward publication.
Bureau Chief Stephen Miller testified in court that he believes the bureau must publish laws within 10 days of the governor signing it.
Miller acknowledged that the bureau has never published a law without a date from the secretary of state in his 12 years as bureau chief.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, March 29, 2011 --- 9:45 a.m.
MADISON, Wis. (AP) -- A state Justice Department attorney tells a judge a district attorney hasn't properly brought a lawsuit challenging the state's contentious collective bargaining law.
Dane County Circuit Judge Maryann Sumi called a hearing Tuesday to weigh District Attorney Ismael Ozanne's lawsuit alleging Republican legislative leaders violated Wisconsin's opening meetings law during debate on the proposal. She already has issued an emergency order blocking the secretary of state from publishing the law.
The Legislative Reference Bureau published the law on Friday anyway. Ozanne wants Sumi to declare that didn't amount to putting the law into effect.
Assistant Attorney General Maria Lazar told Sumi in her opening statements the hearing shouldn't continue because the Republican legislators enjoy immunity from lawsuits and the reference bureau isn't a party in Ozanne's lawsuit.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, March 29, 2011 --- 8:45 a.m.
Appeals Court rejects DOJ request in union case
MADISON, Wis. (AP) -- A Wisconsin appeals court has rejected the state Justice Department's request to withdraw an appeal it had made to a lower court's order barring the secretary of state from publishing a law taking away public workers' collective bargaining rights.
The 4th District Court of Appeals on Tuesday said it lacked the authority to withdraw the appeal. The appeals court says it can't do that because it is awaiting word from the state Supreme Court on whether it would take the case and that is where the Justice Department should have directed its request.
The Justice Department argues the issues are now moot because the Legislative Reference Bureau published the law on a website Friday and it is now in effect. A judge was hearing arguments in the case Tuesday.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, March 29, 2011 --- 6:55 a.m.
Fight over Wis. union law heads to court
MADISON, Wis. (AP) -- A Wisconsin court hearing could offer some kind of clarity on whether a new law eliminating most of state workers' collective bargaining rights has gone into effect.
Republican Gov. Scott Walker's administration insists it has, while other state and municipal leaders dispute that.
A court hearing is scheduled for Tuesday morning.
The latest over the collective bargaining law began Friday when the nonpartisan Legislative Reference Bureau published the law by posting it on a website. Walker said that was all that was needed for it to take effect.
Typically, a law goes into effect when it's published by the secretary of state, but Democrat Doug La Follette had been prevented from taking action by a temporary restraining order.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Tuesday, March 29, 2011 --- 6:55 a.m.
Wis. DA contends union law not in effect
MADISON, Wis. (AP) -- A Wisconsin prosecutor insists the state's contentious new collective bargaining law is not in effect.
Dane County District Attorney Ismael Ozanne has filed a lawsuit alleging Republican lawmakers violated the state's open meetings law during debate on the plan. Judge Maryann Sumi has blocked the secretary of state from publishing the law, the last step before it can take effect.
But the Senate's Republican leader on Friday asked the nonpartisan Legislative Reference Bureau to post the law on the Legislature's website. Republicans say that move amounts to publication and the law is now in effect.
Ozanne, a Democrat, argues in briefs filed Monday evening that the law can't be published without the secretary of state's participation since that office sets the publication date. A hearing is set for Tuesday.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Monday, March 28, 2011 --- 3:55 p.m.
Wis. asks court to acknowledge union law in effect
MADISON, Wis. (AP) -- The Wisconsin Department of Justice is asking a judge to vacate a temporary restraining order blocking the secretary of state from enacting a law taking away nearly all collective bargaining rights from most state workers.
The Department of Justice filed documents Monday, saying the March 18 restraining order is no longer needed since the Legislative Reference Bureau published the law Friday.
Gov. Scott Walker's administration says the bureau's action wasn't covered under the court order and the posting on its website allowed the law to take effect Saturday.
But the head of the bureau and other attorneys say the action was purely procedural and Secretary of State Doug La Follette still must act.
The Justice Department also asked to withdraw its appeal of the court's decision granting the order.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED Monday, March 28, 2011 --- 3:00 p.m.
Top Walker aide says law implementation ongoing
MADISON, Wis. (AP) -- Gov. Scott Walker's top aide says the Wisconsin Department of Administration is moving forward with implementation of a new law taking away nearly all collective bargaining rights from most state workers.
Department Secretary Mike Huebsch said Monday that work is moving ahead to deduct new health care and pension contributions from state workers' paychecks to be delivered April 21. Those checks will also no longer include previously mandatory union fee deductions.
Huebsch says department attorneys believe the law took effect on Saturday after a nonpartisan legislative office posted it on the Internet. But the head of that agency and others say it won't take effect until the secretary of state acts.
Huebsch says the department could cease its work if a court says the law is not in effect.
Copyright 2011 by The Associated Press. All Rights Reserved.
* * * * * * * * * * *
Statement from the Attorney General's Office:
ACT 10 IS NOW LAW; DEPARTMENT OF JUSTICE FILES BRIEFS IN OZANNE LAWSUIT ASKING TO WITHDRAW APPEAL BECAUSE IT IS MOOT AND ASKING CIRCUIT COURT TO VACATE THE TRO AGAINST LA FOLLETTE, WHO HAS COMPLIED WITH TRO
MADISON - The Department of Justice today filed a motion with the Court of Appeals to withdraw the appeal filed on behalf of Secretary of State Douglas La Follette, who is named in his official capacity as a defendant in a lawsuit filed by the Dane County District Attorney alleging that the Joint Committee on Conference violated the Open Meeting’s Law when it took executive action on the bill that ultimately became Act 10, after passage by both houses of the legislature and approval by the Governor. The Department of Justice also filed a motion with the Circuit Court, asking it to vacate the temporary restraining order it had placed upon La Follette.
These motions argue that the requested relief is appropriate because Act 10 is now in force due to its publication by the Legislative Reference Bureau on March 25, 2011. The Legislative Reference Bureau was not named as a party in the Ozanne case and was not bound by any order issued by the Dane County Circuit Court. Because the law is in force, the appeal, which was based on the harm caused by enjoining the legislative process, is moot. The briefs explain that the Secretary of State made a good faith attempt to comply with the temporary restraining order and did not cause the publication of Act 10.
Pursuant to Wis. Stat. § 35.095(3(a), the Legislative Reference Bureau has the mandatory ministerial duty to publish laws within ten working days of approval by the Governor. This duty to publish exists independent of any duty the Secretary of State has with respect to the publication of laws. The legislative reference bureau’s publication satisfies the constitutional requirement that laws are to be published before they are to be in force. Because Act 10 has been published, the legislative process is complete.
Copies of the filings may be accessed below
http://www.doj.state.wi.us/news/files/Ozanne_Motion_to_Withdraw.pdf
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UPDATED: Saturday, March 26, 2011 --- 6:17p.m.
MADISON, Wis. (AP) -- Until it's told otherwise, Wisconsin's Department of Administration says it will move forward as though an unsettled law that takes away certain collective bargaining rights has become official.
Department Secretary Mike Huebsch said Saturday that his legal counsel has advised him to begin implementing the law as required after a bill is lawfully published.
The bill in question was published Friday by the nonpartisan Legislative Reference Bureau. Publication typically means a law takes effect, but there's uncertainty in this case.
The Reference Bureau head says the law only takes effect after Secretary of State Doug La Follette acts. But a judge's temporary restraining order prevented La Follette from doing so.
Republican Senate Majority Leader Scott Fitzgerald says that doesn't matter. He says since the Reference Bureau published it, it's official.
Copyright 2011 by The Associated Press. All Rights Reserved.
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UPDATED: Saturday, March 26, 2011 --- 5:24p.m.
by Tim Elliott
Friday, the Legislative Reference Bureau published the budget repair bill. Some say that means, it's now law. But secretary of state Doug La Follette says, not so fast.
Protesters gathered for another demonstration at the capitol Saturday. But many are a little confused. Despite a court order preventing secretary of state Doug La Follette from publishing the budget repair bill, on Friday, the Legislative Reference Bureau went ahead and published it anyway.
“It is very confusing. I had to sit down and read all the documents last night and this morning,” said state representative Brett Hulsey (D).
“I'm not kidding ya, tomorrow there will probably be another surprise,” said protester Jyl Molle.
La Follette says only he can publish the bill into law.
“But it turns out that L.R.B. (Legislative Reference Bureau) has said, and my analysis of the law says that, they didn't really publish it to make it law, that just referred it to me, the secretary of state,” said La Follette.
“There's no question that there is confusion and I did a good bit of research last night and this morning to reach the conclusion, which the L.R.B. agrees with, that the act has not become law,” added La Follette.
But senate majority leader Scott Fitzgerald (R) says the L.R.B. has the same authority as the secretary of state.
“It's clear, it's not in 'legalese' its very clear that the Legislative Reference Bureau has the ability to publish just like the secretary of state,” said Fitzgerald.
And some protesters feel caught in the middle.
“I just need to know if and when this can take effect so I can start planning for it,”
They hope the courts can clear up the confusion.
“I believe it's not law and it won't be until it's settled in the courts,” said protester Randy Molle.
Saturdays have become synonymous with protests down at the capitol as of late and despite the confusion over what happened on Friday, many protesters say they'll still be down here no matter what.
“It's time for those legislators to get that message and I don't know how long it will take, but however long it takes, we'll be here,” added Randy Molle.
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UPDATED: Saturday, March 26, 2011 --- 3:20p.m.
Statement by Paul Soglin on the Legislative Reference Bureau’s Action:
I am confident that ultimately questions around the budget repair bill will be resolved by the Courts. But Friday’s action is just one more example of the Walker administration plowing forward, without explanation, without justification and, in this case, seemingly without much understanding of the consequences of this action.
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UPDATED Friday, March 25, 2011 --- 10:10 p.m.
MADISON---Dane County District Attorney Ismael R. Ozanne issued the following statement:
I was surprised to learn shortly before 5 p.m. this afternoon that, despite Judge Maryann Sumi’s temporary restraining order, an effort was undertaken to try and make 2011 Wisconsin Act 10 (Governor Walker’s Budget Repair Bill) effective. I was even more surprised to learn that the impetus for an attempt at publication, contrary to Judge Sumi’s order, came from a named defendant in the lawsuit.
As Judge Sumi said in issuing the temporary restraining order enjoining publication of the bill on March 18, 2011:
Finally, the necessity to preserve the status quo. I think relief is essential to preserve the status quo, which is what exists here and now. The bill has passed. But it has not been published.
I believe that, pursuant to Judge Sumi’s order, the status quo is preserved. This case, including the legal significance of today’s actions, should be resolved in a court of law. I look forward to presenting our case on behalf of the People of the State of Wisconsin Tuesday morning, March 29, 2011, at 8:30 a.m.
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UPDATED: Friday, March 25, 2011 --- 9:30 p.m.
Late this afternoon the law taking away collective bargaining rights in Wisconsin was published despite a court order that it not be published.
Republicans are basically saying they found a loop hole and this is a done deal while the Democrats say it's another sneaky move that legally still doesn't mean anything.
One week ago a Dane County Judge issued a temporary restraining order preventing the Wisconsin Secretary of State from publishing the budget repair bill, a bill that will take away collective bargaining rights, due to concerns over open meetings violations.
Friday Republican Senate Majority Leader Scott Fitzgerald requested the non-partisan Legislative Reference Bureau publish the bill and they did, saying state law requires them to publish a bill 10 days after the governor signs it.
Fitzgerald says, "The DA in Dane County didn't include them in the restraining order so I don't know if that was an oversight but certainly it was something that was legally done today and I hope puts this whole thing behind us so we can move on with the full state budget and get the economy going and create some jobs."
The question now is whether it becomes law Saturday.
Fitzgerald and the Walker Administration say it does.
The action took Assembly Minority Leader Peter Barca by surprise and he says this is not law because the Secretary of State must officially publish the bill to make it law.
Barca says, "Trying to be charitable, I would hope that Senator Fitzgerald and others who are making statements to the contrary are just misinformed and that they're not intentionally trying to mislead the public."
A letter from an attorney with the Wisconsin Legislative Council to Barca says it is his understanding the Legislative Reference Bureau did not intend to make the bill law by publishing it and the secretary of state must take action on the bill for it to become law.
The one thing that is clear right now is everyone seems to disagree about whether this will become law tomorrow
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UPDATED: Friday, March 25, 2011 --- 9:30 p.m.
Letter from Attorney with Wisconsin Legislative Council to Rep. Peter Barca:
Representative Barca,
You asked me to summarize our conversation regarding the effect of the publication of 2011 Wisconsin Act 10 by the Legislative Reference Bureau (LRB) on Friday, March 25, 2011.
Generally, as we discussed, it is my understanding that the LRB did not intend for its action to independently determine the effectiveness of Wisconsin Act 10, and that further action by the Secretary of State is required in order for Act 10 to take effect. The following is a brief summary of our conversation and the statutory analysis on which I believe the LRB relied in reaching its conclusion.
Following your initial inquiry, our office spoke with LRB Chief Steve Miller. Mr. Miller indicated that the effectiveness of Act 10 is based on publication of the Act by the Secretary of State, rather than publication by the LRB. He indicated that the LRB published the Act in order to satisfy a statutory publication requirement that is separate from the publication duty of the Secretary of State, and that such separate and additional publication by the Secretary of State is required in order for Act 10 to take effect.
In reviewing the relevant statutes, it appears that the LRB reached its conclusion in reliance on the following points. Section 35.095, Stats., specifies obligations of both the LRB and the Secretary of State relating to the publication of acts. Section 35.095 (3) (a), Stats., directs the LRB to publish every act within 10 working days after its date of enactment. Section 35.095 (3) (b), Stats., directs the Secretary of State to designate a date of publication for each act, and specifies that the date of publication may not be more than 10 working days after the date of enactment.
While s. 35.095, Stats., refers to publication-related activities of both the LRB and the Secretary of State, s. 991.11, Stats., makes specific reference to the publication activities of the Secretary of State for purposes of determining the effective date of an act. Section 991.11, Stats., states that every act that does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated under s. 35.095 (3) (b), Stats. As described above, s. 35.095 (3) (b), Stats., refers to the publication activities of the Secretary of State, rather than the publication activities of the LRB. Accordingly, while certain statutory obligations regarding publication of Act 10 have been satisfied by the LRB, the statutory obligation that relates to the effective date of Act 10 has not yet been satisfied by the Secretary of State, and at this time the Secretary’s actions remain subject to the temporary restraining order issued in Dane County Circuit Court.
I will work to formalize the above analysis as time permits, and may provide additional information and clarification as the need arises.
If you have any additional questions, please do not hesitate to contact me.
Scott Grosz
Staff Attorney
Wisconsin Legislative Council
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UPDATED Friday, March 25, 2011 --- 6:50 p.m.
Statement from Assembly Minority Leader Peter Barca on Legislative Reference Bureau action on Act 10
“In conversations this evening with Legislative Council attorneys, I was informed that it is their opinion, as well as the opinion of the Legislative Reference Bureau director, that Act 10 will not take effect based on the actions taken by the Legislative Reference Bureau late this afternoon.
“This bill has been under a cloud of suspicion since day one. Today’s actions and statements are only perpetuating the problem. The people of Wisconsin expected that because of the court injunction, Act 10 will not be able to take effect.
“Official publication by the Secretary of State is required for this act to go into effect. The Secretary of State, the only Constitutional officer with the power to publish law, is prohibited by court order from publishing this Act.
“I can only hope that the confusion resulting from today’s actions and comments does not harm the many communities and people who will be impacted if this does becomes law. The statements by the administration and legislative leaders only add to the confusion. We can only hope that their misstatements were not intentional or malicious.”
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UPDATED Friday, March 25, 2011 --- 6:15 p.m.
Wisconsin union law published despite court order
MADISON, Wis. (AP) — Wisconsin officials can't seem to agree on whether the publication of its law stripping public employee collective bargaining rights is about to take effect.
The nonpartisan Legislative Reference Bureau published the law Friday despite a court order that had blocked the secretary of state from doing so. Publishing a law typically allows puts it in effect.
But the head of the bureau says its action was purely ministerial and wouldn't result in the law taking effect. Steve Miller says the law won't actually take effect until Secretary of State Doug La Follette orders it published in a newspaper.
La Follette, though, says it's not clear what the action means.
Gov. Scott Walker's office says it's been notified that the law had been published and will carry it out as required.
Copyright 2011 The Associated Press.
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UPDATED Friday, March 25, 2011 --- 5:30 p.m.
From the WI Department of Justice:
The Wisconsin Department of Justice has received a number of inquiries relating to the publication of Act 10.
The Wisconsin Department of Justice learned this afternoon that the Legislative Reference Bureau published Act 10. As noted in the published act, section 35.095 imposes a mandatory, ministerial duty on the legislative reference bureau to "publish every act ... Within 10 working days of enactment." In the same statute, the date of enactment is defined as the approval of a bill by the governor. No action by the Secretary of State is required by this section for the legislative reference bureau to publish an Act. The Secretary of State did not direct the publication of Act 10 by the legislative reference bureau and he is not in violation of the TRO issued by the Dane County Circuit Court.
The Wisconsin Department of Justice will evaluate how the lawful publication of Act 10 affects pending litigation. We have no further comment at this time. We will keep you apprised of any further developments in the pending litigation.
Bill Cosh
Communications Officer
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UPDATED: Friday, March 25, 2011 --- 5:22p.m.
Letter from March 18 from Sec. State Doug La Follette:
Mike Barman
Legislative Reference Bureau
RE: March 18, 2011 Restraining Order on Publication of January 2011 Special Session
Assembly Bill 11; also known as Wisconsin Act # 10.
Dear Mike,
Per today’s ruling by Dane County Circuit Court Judge Maryann Sumi, granting a motion for a temporary restraining order, I hereby rescind my instructions setting March 25th as the publication date for January 2011 Special Session Assembly Bill 11; also known as Wisconsin Act # 10. I further instruct you to remove all reference to March 25, 2011 as the publication date and not to proceed with publication until I contact you with a new publication date.
Thank you.
Sincerely,
Doug La Follette
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Posted: Friday, March 25, 2011 --- 5:10p.m.
MADISON, Wis. (AP) -- The Wisconsin law taking away collective bargaining rights that a court had ordered not to be published by the secretary of state has been published instead by the Legislative Reference Bureau.
The action was noted on the Legislature's home page Friday. It's not immediately clear whether the publication has the force of law. But if legally published, the law takes effect Saturday.
A judge last week issued a temporary restraining order blocking Secretary of State Doug La Follette from publishing the law.
But the Reference Bureau says it's required to publish every new law within 10 working days after it's signed by the governor.
Gov. Scott Walker signed the collective bargaining measure March 11.
Walker's office says the administration will carry out the law as required.
Copyright 2011 by The Associated Press. All Rights Reserved.
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