| Judge Grants a Temporary Restraining Order Against Recently Passed Budget Repair Bill
Dane County Judge Maryann Sumi today granted a temporary restraining order blocking publication of the collective bargaining bill.
The issue was brought to the Dane County Courthouse as a result of Dane County District Attorney Ismael Ozanne's complaint that the passage of the budget repair bill by the conference committee violated the state's open meetings law.
In her decision, Judge Sumi said she was given no evidence to show why the conference committee could not have given a 24-hour notice for its meeting last week or why a timely notice was not provided (www.wispolitics.com).
Sumi said similar to the First Amendment protections of controversial speech, "the open meetings law exists to ensure open government in controversial matters."
Reaction to the decision split along partisan lines.
Republican Attorney General J.B. Van Hollen raised immediate concerns with the Dane County Judge's ruling by saying "that the Legislature and Governor not a single Dane County Circuit Court Judge, are responsible for the enactment of laws."
To view supporting documents from the AG's office:
- Brief opposing motion for temporary injunction
- Motion to dismiss
- Brief in support of motion to dismiss
Governor Walker:
"This legislation is still working through the legal process," spokesman Cullen Werwie wrote in an e-mail. "We are confident the provisions of the budget repair bill will become law in the near future."
Assembly Democratic Leader Peter Barca (D-Kenosha):
"As you know from the moment they called this (joint conference meeting) I felt it would be a violation of the open meetings law. Our government has a system of checks and balance," he said. Since the dawn of our democracy ... the courts have stepped in and they play a very vital role. I'm very pleased at this preliminary decision and we'll move forward from here."
Note: Statements taken from
www.wispolitics.com.
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