Skip to comments.BREAKING: Dane County judge strikes down Wisconsin collective bargaining law
Posted on 05/26/2011 9:03:01 AM PDT by SeekAndFind
Madison - A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.
In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9.
The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.
"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.
Ozanne sued to block the law after Assembly Minority Leader Peter Barca (D-Kenosha) filed a complaint saying that GOP legislative leaders had not given proper notice in convening a conference committee of lawmakers from both houses to approve Walker's budget-repair bill.
A spokesman for state Attorney General J.B. Van Hollen and the state Department of Justice could not be reached immediately for comment on the decision. A spokesman for Walker also could not be immediately reached.
In the decision, Sumi appeared to be bracing for an outcry from Republicans and supporters of the law, noting that judges are supposed to apply the law even if their decisions will be "controversial or unpopular." Sumi writes that Ozanne showed by "clear and convincing evidence" that the open meetings law had been violated.
"This decision explains why it is necessary to void the legislative actions flowing from those violations," wrote Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.
But the issue is far from settled. The state Supreme Court has scheduled arguments for June 6 on whether to take over the case.
"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."
GOP lawmakers also have said they would consider passing the law a second time as part of the 2011-'13 state budget if it was necessary to ensure that it takes effect.
It was a special session. Rule 99 allows it.
Her again, figures....
“The supremes are the supremes. They can do what they want.”
Sounds like she is preparing to lose when she gets this in front of real judges.
Not unexpected considering this was a pro union judge. Everybody knows the final call will be made by the Supreme Court and thanks to the Prosser victory, that one should be more to our liking.
>>Her again, figures....<<
My thoughts exactly. The first thing I did, when I saw the headline, was look for the judges name.
>>It was a special session. Rule 99 allows it.<<
I wonder what the judges thoughts are on that. :D
Spoken like a true Leftist/Marxist. They CANNOT do what they want. They are there to interpret the law. But I feel sure that their State Supreme court has their share of Leftist judges who feel they can do what they want.
The WI Supremes are scheduled to start hearing arguments on this on June 6. With Prosser, conservatives have a 4-3 majority.
Not really. If Kloppenberg takes the election to court (we should know by this weekend) I don’t think Prosser can be seated on August 1 when the new term begins. That means 3-3 and the lower court ruling stands.
How is it that a liberal judge with strong ties to unions can be involved more than once in these matters? Aren’t there rules about conflicts of interest and can’t judges such as this one be impeached for incompetence or breaking the rules?
I think she has a track record of controversial decisions that aid the Democrats.
Time to show some cojones and impeach this judge.
Where’s Buford Pusser when you need him? Back then this judge’s new office would be in the women’s room!
If she won't go... Rule .308 is in effect.
Well, that ends the Senate run.
Sad, I used to respect the guy.
I’ve searched our constitutions diligently, and have yet to find enumerated judicial power to make or veto laws, or to amend constitutions.