Posted on 03/30/2011 3:26:13 PM PDT by bigbob
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 Justices 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.
Hopefully the outrageous judicial overreach of county court judge Sumi will be obvious to all. Well, to those who have enough objectivity to see it for what it is.
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