Breaking: WI judge issues third version of TRO

posted at 11:01 am on March 31, 2011 by Ed Morrissey

Nothing builds confidence in a judicial decision that has to get rewritten twice in order to actually have its intended effect.  Judge Maryann Sumi has revised her temporary restraining order yet again in order to stop the state of Wisconsin from enforcing its reform bill:

The contentious collective bargaining law, Wisconsin Act 10, which would strip most public workers of nearly all collective bargaining rights and force them to contribute more to their pension and health plans, is not in effect, according to an amended restraining order released on Thursday morning.

Dane County Circuit Judge Maryann Sumi made the amended ruling at 8:15 a.m. She has already issued an emergency order blocking Wisconsin’s secretary of state from publishing the law. Sumi called a hearing Tuesday to weigh District Attorney Ismael Ozanne’s lawsuit alleging Republican legislative leaders violated Wisconsin’s open meetings law during debate on the proposal.

Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions. She amended the ruling on Thursday to read, “Further, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29 evidentiary hearing, it is hereby declared that 2011 Wisconsin Act 10 has not been published …”

If Sumi expects to have her decisions upheld by the state Supreme Court, perhaps she should take care to write them properly in the first place.   She will have trouble explaining how she justified interfering with the publication of  law in defiance with Wisconsin precedent, and I doubt that the Supreme Court will give her three tries to get that right.  Furthermore, her commentary about the legislature’s ability to work around her won’t exactly be seen as uninterested jurisprudence, either.

This puts even more pressure on the Supreme Court to take the case immediately and clarify matters, not the least of which is Sumi’s attempt to enjoin parties not part of the original lawsuit.


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Religious_Zealot on March 31, 2011 at 11:41 AM

You got me there RZ. Good point. Why should we allow an activist judge the opportunity to “go at it” a fourth or fifth time, when an upper court can tell her she’s dead wrong and will face her own sanctimonious sanctions.

Rovin on March 31, 2011 at 11:59 AM

Clearly, it appears that voting is irrelevant.

OneCleverCookie on March 31, 2011 at 12:02 PM

I think they should announce a their intention to have a re-hearing of the bill with ammendments and see if the Dems leave town again just for my popcorn quota.

golfmann on March 31, 2011 at 12:03 PM

And yes…

WHY does she get all these do overs??? lol

golfmann on March 31, 2011 at 12:04 PM

I doubt that will happen.

If it does, though, remember that there are recall efforts underway against the runaway Dems.

My guess is that whatever way it ends up (recalls or no recalls), the legislature will wind up basically in the same place (i.e. if a Dem replaces a recalled Repub, a Repub will also replace a recalled Dem).

Religious_Zealot on March 31, 2011 at 11:54 AM

My best estimate of the number of recall elections going forward is 6 (3 Rs, 3 Ds), with between 4 and 5 resulting in party reversals (2-3 Ds, 2 Rs). Indeed, the DPW (Democrat Party of Wisconsin/Department of Public Works – there is no difference anymore) is expected to file a sufficent number of signatures against Randy Hopper, one of those expected to not survive a recall election, by the end of this week.

steveegg on March 31, 2011 at 12:07 PM

This one judge is running the state? Why even pay a governor and state legislature. Just let her decide what laws to make or not. The people of WI have a lot more rot in their state than was originally thought.

Kissmygrits on March 31, 2011 at 12:08 PM

Is that Al Franken’s older brother with a wig on?? crikey…

ted c on March 31, 2011 at 11:02 AM

No, it’s just Al Franken’s older brother.

Dopenstrange on March 31, 2011 at 11:04 AM

Pat Hingle! Played the police commissioner in some of the Batman movies.

slickwillie2001 on March 31, 2011 at 12:09 PM

Can a judge be recalled?

perries on March 31, 2011 at 12:09 PM

Can a judge be recalled?

perries on March 31, 2011 at 12:09 PM

Considering Sumi is a Dane County Lawgiver-In-Black, the only way to successfully recall her is to get somebody even more liberal.

steveegg on March 31, 2011 at 12:13 PM

I should try that.

I DECLARE BY MY OWN RAW POWER VESTED IN MYSELF THAT OBAMACARE IS HEREBY NOT IN EFFECT. ALL OPPOSED TO MY RULING MUST OBEY ME NOW.

That was easy.

WannabeAnglican on March 31, 2011 at 12:14 PM

I doubt that will happen.

If it does, though, remember that there are recall efforts underway against the runaway Dems.

My guess is that whatever way it ends up (recalls or no recalls), the legislature will wind up basically in the same place (i.e. if a Dem replaces a recalled Repub, a Repub will also replace a recalled Dem).

Religious_Zealot on March 31, 2011 at 11:54 AM

Given the SEIU / ACORN fraud we can expect, I wouldn’t be so sure. This will be a low turnout vote. So the SIEU/Acorn fraud will be magnified. An exta 500 SEIU/ACORN votes will mean a lot when only 10-20% of the people will be voting.

I don’t expect any Dem to be recalled. But I expect 1 or 2 Reps to be. And even if they aren’t recalled but it’s close, that will scare enough Reps from voting for the bill again.

As usual, Republicans will snatch defeat from the jaws of victory. Had it been the other way around, Democrats would have re-voted and passed the bill by now. That’s because Democrats know how to play politics. Republicans are clueless fools. Look at John Boehner if you want another example of winning a huge election and then letting Democrats write the legislation for you. I am so fed up with the GOP I don’t even care if they win or lose anymore. Makes no difference since Democrats are always in charge.

angryed on March 31, 2011 at 12:14 PM

This judge is starting to sound a little…. hinky?

ElectricPhase on March 31, 2011 at 12:16 PM

Sumi issued a TRO on March 18th, before she went on vacation. Now that she’s back, what’s the timeline for her decision? The next hearing was supposed to take place on March 29, two days ago. Is she deferring to the Supreme Court? Since no decision was made (only a TRO), why should the Supreme Court hear it?

djaymick on March 31, 2011 at 12:16 PM

This reminds me of the single judge that stopped Prop. 187 in California…

… and now we are a third world broken toilet in a Tijuana whore house.

Good Times! Good Times!

/

Seven Percent Solution on March 31, 2011 at 12:18 PM

Sumi is also on the April 5th ballott, but unfortunately there is no one running against her.

BadgerHawk on March 31, 2011 at 12:19 PM

Sumi issued a TRO on March 18th, before she went on vacation. Now that she’s back, what’s the timeline for her decision? The next hearing was supposed to take place on March 29, two days ago. Is she deferring to the Supreme Court? Since no decision was made (only a TRO), why should the Supreme Court hear it?

djaymick on March 31, 2011 at 12:16 PM

She scheduled 2 hearings for this week, March 29 and April 1. She’ll then stall as long as she can before issuing the expected permanent restraining order in order to give as much time as possible for WEAC and AFSCME to finish up local contracts.

steveegg on March 31, 2011 at 12:22 PM

Sumi is also on the April 5th ballott, but unfortunately there is no one running against her.

BadgerHawk on March 31, 2011 at 12:19 PM

Like any loon from Madison would vote against her.

angryed on March 31, 2011 at 12:22 PM

but… but… but… this is the best judge money can buy…

Eren on March 31, 2011 at 12:25 PM

angryed on March 31, 2011 at 12:22 PM

I would. But yeah, she’d win no matter what.

BadgerHawk on March 31, 2011 at 12:27 PM

I have to wonder whether each revision to the restraining order is quickly followed up by another check from AFSCME.

JEM on March 31, 2011 at 12:28 PM

I have to wonder whether each revision to the restraining order is quickly followed up by another check from AFSCME.

JEM on March 31, 2011 at 12:28 PM

NO, wingnut.

She has direct deposit.

mankai on March 31, 2011 at 12:30 PM

She’ll then stall as long as she can before issuing the expected permanent restraining order in order to give as much time as possible for WEAC and AFSCME to finish up local contracts.

steveegg on March 31, 2011 at 12:22 PM

Exactly. Although I read somewhere that this has backfired and local governments are dragging their feet. LOL

Deanna on March 31, 2011 at 12:35 PM

Based on everyone’s concern over Judge Sumi’s son’s politics, I’m going to assume that you all believe that Justice Thomas should recuse himself from all politically charged cases (especially any possible future case involving the PPACA). After all, his wife is a Tea Party and Republican activist.

:)

crr6 on March 31, 2011 at 11:27 AM

In your estimation, what poses a stronger influence for conflict of interest: financial implications for son or a potential political difference with a spouse?

anuts on March 31, 2011 at 12:37 PM

She looks really smelly.

echosyst on March 31, 2011 at 12:38 PM

Sounds like the Al Gore Theory. Do overs until I get the result I want.

Wade on March 31, 2011 at 12:41 PM

The WI legislature should impeach this activist judge…

The Judicial branch of government has limits, this judge isn’t some sort of god controlling WI. She’d make a great example of how to deal with uncontrolled partisan activism in the courts.

As seen in passing of Obamacare, it’s the Legislative and Executive branch prerogative to overlook a few minor rules here and there when passing and signing legislation. Seems the Obamacare precedent is so long as the proper constitution majority passes something and executive signed it, it’s a done deal.

drfredc on March 31, 2011 at 12:41 PM

Listen up WI Reps.

This is your opportunity to control the narrative – even over the paid for union liberal thugs.

Collective bargaining, workers rights, blah blah has been kicking your arses.

The entire issue is now one of ORGANIZED JUDICIAL MANIPULATION. The fact the judge didnt get the first 2 TRO’s right nullifys the third.

Flat out say “This judge is breaking the law by claiming the power to stop legislation which she doesnt have.”

Process is everything – and her first 2 TRO’s were improper and illegal on their merits, hence the 3rd revision.

Let the judge and corrupt Dems start from scratch.

Odie1941 on March 31, 2011 at 12:44 PM

Aide: Wis. gov. to halt plans to enact union law (AP) “- 1 hour ago”

Well according to this Walker is not going to go against the “judge?”

sandee on March 31, 2011 at 12:48 PM

I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Wow, such “logic”. I can see why you are choosing to follow in the legal footsteps of John Edwards.

Del Dolemonte on March 31, 2011 at 12:50 PM

Guys, we can’t have it both ways. We can’t denounce the Obama administration for not jumping when the Obamacare is struck down by the court, and then cheer those in defiance when they ignore a similarly odious (from their point of view) court decision.

When we, or Obama do that. We sound like a petulant child shouting at the adult. “I don’t have to listen to you, you’re not my Daddy.”

There are options. A) Appeal the decision. B) Repass the law, and resign it, with the doors open and the cameras rolling to show the union thugs intimidation. If the Democrats leave, and they will, don’t play nice, drop the Nuclear fine for every day they hold up the state business, and charge them with the Felony failure to carry out their assigned state duties.

Snake307 on March 31, 2011 at 12:54 PM

crr6 on March 31, 2011 at 11:27 AM

Difference:- this is ONE judge deciding/having to take the case, while the Supreme Court has to have an agreement by a majority of the justices to take a case, so while politically charged cases make it to the Supreme Court, most do not. Also, SCOTUS supposedly researches each case and the process is deliberately long in order to facilitate cooler heads making decisions. That’s why having a politically active spouse/children in the lower courts isn’t a good idea, and yes, Sumi should have recused herself.

journeyintothewhirlwind on March 31, 2011 at 12:54 PM

Maybe Gov Walker should reinstate those layoffs and point to the judge’s ruling as the reason. Put the pressure back on her.

generouse on March 31, 2011 at 12:57 PM

Justices and judges: removal by address. SECTION 13. [As amended April 1974 and April 1977] Any justice or judge may be removed from office by address of both houses of the legislature, if two−thirds of all the members elected to each house concur therein, but no removal shall be made by virtue of this section unless the justice or judge complained of is served with a copy of the charges, as the ground of address, and has had an opportunity of being heard. On the question of removal, the ayes and noes shall be entered on the journals. [1971 J.R. 30, 1973 J.R. 25, vote April 1974; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]

No way they can get 2/3′s.

WoosterOh on March 31, 2011 at 12:58 PM

What are the rules in Wisconsin for mental infirmity? They should cut to the chase and just have sanity hearings for Sumi.

cthulhu on March 31, 2011 at 12:59 PM

There are options. A) Appeal the decision. B) Repass the law, and resign it, with the doors open and the cameras rolling to show the union thugs intimidation. If the Democrats leave, and they will, don’t play nice, drop the Nuclear fine for every day they hold up the state business, and charge them with the Felony failure to carry out their assigned state duties.

Snake307 on March 31, 2011 at 12:54 PM

Well said. But too late. Walker let this slip his grasp a while ago. He took on this battle with minimum force and firepower and no strategic plan. He thought he could win by being Mister Rogers. Now, he’s reacting instead of acting. It’s all about confidence and a plan. Republicans do not have either. It’s a congenital GOP condition.

rrpjr on March 31, 2011 at 1:01 PM

Update: Walker says he will comply with the Sumi ruling.

No seeds in the GOP.

Bishop on March 31, 2011 at 1:03 PM

Judge orders arrest of Walker and the GOP Legislature in 5…….4…….3…..

PappyD61 on March 31, 2011 at 1:04 PM

Snake307 on March 31, 2011 at 12:54 PM

I understand what you are saying, but believe there is a huge difference in judicial process, checks and balances between the 2 issues.

What is similiar – is the shoddy manner in which both Obamacare was written and Judge Sumi’s prior 2 attempts at a TRO. Blatant law manipulation, supported by bogus CBO numbers (in Obamacare Case) and/or flat out misreading of laws and statuates.

Pensacola Fed Judge who ruled on Obamacare – did so within the process – and his argument hasnt been based on erroneous “guessing”, but specifically he agreed in favor of 26 other states who have ruled it unconstitutional due to forcing people to buy HC.

Sumi’s fraudulent TRo’s and decisions are soley based on ideology, and “specifically” on a technicality of how the bill was covered, timeframe, etc.

One is the proper judicial process, the other – kabuki theater for liberal dummies.

Odie1941 on March 31, 2011 at 1:04 PM

Nothing builds confidence in like a judicial decision that has to get rewritten twice in order to actually have its intended effect.

FTFY, Ed.

Jaibones on March 31, 2011 at 1:05 PM

It took this liberal imbecile three tries to get an order that required Walker to hold up the proceedings. It won’t take long to overturn her stupid opinion in favor of the law.

Jaibones on March 31, 2011 at 1:07 PM

The law was written by the legislature to apply to local government, not state government. I am of the impression the court sort of extended the laws reach a smidgen beyond the legislature intended…

“All board and council meetings, plan commission meetings, zoning board meetings and hearings, and any ad hoc citizen or advisory meetings authorized by a governmental body must comply with the Wisconsin Open Meetings Law”

[url]http://sheboygan.uwex.edu/files/2010/05/6_OpenMtgLaw.pdf[/url]

From the language, it appears they also meant to apply the law to state agencies in their dealing with local government…I cannot find any language that applies the law to the actual legislature, house or senate.

I could not find any record of the debate on the law so I cannot discover the intent of the legislature BUT, the language is pretty clear…the Judge seems to expanded the scope of the law without authority but in full partisan huff.

Has no one commenting actually read the law in question? By the lefts comments, it does not appear so.

JIMV on March 31, 2011 at 1:13 PM

If the little Sumi tyrant needs three tries (and a vacation) then the GOP shouldn’t merely wait to have her recalled. They should request the loopy judge be given a mental status evaluation.

viking01 on March 31, 2011 at 1:18 PM

So just pass the original bill. Why is this so hard?

SouthernGent on March 31, 2011 at 1:21 PM

Impeach for incompetence in writing TRO, activism against state constitution, and conflict of interest.

Don’t the repubs have the power to impeach ?

That might force the left to reconsider the next two or three moves they have planned out already.

crom on March 31, 2011 at 1:23 PM

Sumi is also on the April 5th ballott, but unfortunately there is no one running against her.

BadgerHawk on March 31, 2011 at 12:19 PM

Too bad “none of the above” isn’t running in that race :(

Mini-14 on March 31, 2011 at 1:24 PM

it is hereby declared that 2011 Wisconsin Act 10 has not been published

AND THE SUN WILL NOT RISE TOMORROW!

This lib judge is in way over her head.

GarandFan on March 31, 2011 at 1:25 PM

What you are calling a “TRO” is in fact more in the nature of a royal decree. Enforce it yourself, sir madam.

As others have said…return fire. Pass a resolution declaring her off the reservation; stripping her court of jurisdiction; and file articles of impeachment. Fire back, dam*it.

james23 on March 31, 2011 at 1:26 PM

Judge Susan Boyle needs to go back to law school and read up on stare decisis.

DarthBrooks on March 31, 2011 at 1:33 PM

In a courtroom somewhere in the future….

Judge: Counselor, do you wish to cross-examine?

cr666: Yes, your honor. (Approaches witness…)

I KNOW YOU ARE BUT WHAT AM I???

CurtZHP on March 31, 2011 at 1:42 PM

I hope that Walker will inform the runaway judge that the Legislature has not appropriated funds for enforcement of legislation originating in the judiciary, and that she will have to apply to the WI Legislature to get her “TRO” passed.

landlines on March 31, 2011 at 1:42 PM

I’m assuming its too late for the republicans to put someone on the ballot to oppose Sumi, but can they do a write in campaign against her? That’d be fun.

Iblis on March 31, 2011 at 1:42 PM

Wouldn’t it be delicious to see Walker issue a blanket pardon for anyone who ignores an order issued by Sumi?

landlines on March 31, 2011 at 1:46 PM

Send the layoff notices that were suspended (based on the idea the bill had passed) tomorrow. This is the world these schmucks want. Give it to them.

Mr. D on March 31, 2011 at 1:58 PM

Judge Maryann Sumi has a clear conflict of interest. Judge Maryann Sumi should have recused herself entirely from the Wisconsin battle due to her inability to be neutral in this case at the get-go.

Her son is a political operative who also happens to be a former lead field manager with the AFL-CIO and data manager for the SEIU State Council. He describes himself as a ‘lifelong political activist’. It appears as though his mother raised him with certain values she has passed down to him.

Not only that, her son, Jacob “Jake” Sinderbrand (see page nine here), runs a company called Left Field Strategies, a firm that was launched just 6 months ago which works on political campaigns. Very interestingly, since this information all came to light, the Left Field Strategies website has been completely wiped with nothing but this phrase at the home page: “What an interesting world we live in, isn’t it?” …Very interesting indeed. This is how it appeared just 2 weeks ago. In his company’s website bio he boasts of his AFL-CIO and other Union experience.

There is much more about Judge Maryann Sumi’s son Jacob Sinderbrand regarding his facebook page which is full of Union Activism here.

An ironic twist to this whole sordid affair is that at an annual Jewish memorial program in 2007 Judge Maryann Sumi gave a speech entitled: “Judicial Decision Making: Activism or Accountability?”

Clearly, both Judge Maryann Sumi and her son are activists, Judge Sumi’s judicial incompetence notwithstanding, which is why Judge Maryann Sumi should be removed from this entire Wisconsin matter.

FlatFoot on March 31, 2011 at 2:01 PM

should try that.

I DECLARE BY MY OWN RAW POWER VESTED IN MYSELF THAT OBAMACARE IS HEREBY NOT IN EFFECT. ALL OPPOSED TO MY RULING MUST OBEY ME NOW.

That was easy.

WannabeAnglican on March 31, 2011 at 12:14 PM

Wannabe 2012!

Laura in Maryland on March 31, 2011 at 2:07 PM

Send the layoff notices that were suspended (based on the idea the bill had passed) tomorrow. This is the world these schmucks want. Give it to them.

Mr. D on March 31, 2011 at 1:58 PM

Amen!

steveegg on March 31, 2011 at 2:08 PM

So just pass the original bill. Why is this so hard?

SouthernGent on March 31, 2011 at 1:21 PM

And again…

…why do you think re-passing the law will change ANYTHING?

Do you REALLY think this activist judge will simply sit back and let it be enacted??!!

Look, if the legislature re-passes the law then the same judge will simply make something else up to stop it.

Best to continue fighting it as is.

Religious_Zealot on March 31, 2011 at 2:08 PM

It’s ok for Obama to ignore judge’s orders on the permitorium in the Gulf of Mexico…anarchy is just for the left.

Schadenfreude on March 31, 2011 at 2:21 PM

Still waiting for a state that is ready to break away from USSA.

Kjeil on March 31, 2011 at 2:40 PM

especially since Wisconsin case law says she CAN’T do what she’s doing.”

teke184 on March 31, 2011 at 11:06 AM

I personally do not know.
But if thisis true, then why is anything she saying relevant at all?
Anyone address this?
Does WI allow a judge to circumvent the legislative process like this?

Badger40 on March 31, 2011 at 2:48 PM

So just pass the original bill. Why is this so hard?

SouthernGent on March 31, 2011 at 1:21 PM

In a regular session a two day notice is required. As soon as the notice is posted the Democrats will be vacationing in Illinois once again and calling out their union thug protesters and media to beat up Republicans for as long as it takes.

RJL on March 31, 2011 at 3:17 PM

In a regular session a two day notice is required. As soon as the notice is posted the Democrats will be vacationing in Illinois once again and calling out their union thug protesters and media to beat up Republicans for as long as it takes.

RJL on March 31, 2011 at 3:17 PM

Right, that’s one problem. The main one is that the bill is extremely unpopular, both in WI and at the national level. So Republicans don’t want to suffer the political costs of passing it again.

crr6 on March 31, 2011 at 3:31 PM

For the life of me, I cannot understand how it is that Democrats can constantly fight for what they want by fleeing the state, getting judges to write laws, getting union thugs to march on state capitals, etc. But as soon as some wrinkled old b***h makes a moronic ruling written so poorly that has to be rewritten twice, Republicans pack it in. FIGHT, DAMMIT, FIGHT!!! That is, if you actually believe what comes out of your mouth.

JSGreg3 on March 31, 2011 at 3:33 PM

What are the rules in Wisconsin for mental infirmity? They should cut to the chase and just have sanity hearings for Sumi.

cthulhu on March 31, 2011 at 12:59 PM

That’s my thinking. This judge clearly has some…issues. Couldn’t she at least be called before some kind of board to assess her mental fitness for the job? It really seems like she needs some kind of mental health intervention.

Rational Thought on March 31, 2011 at 3:33 PM

Right, that’s one problem. The main one is that the bill is extremely unpopular, both in WI and at the national level. So Republicans don’t want to suffer the political costs of passing it again.

crr6 on March 31, 2011 at 3:31 PM

You’re absolutely right. However, even if the bill is unpopular, Democrats will fight for what they believe in and will pay the political costs. Re: the healthcare bill. They paid the political costs last November, but they still fight … and win.

JSGreg3 on March 31, 2011 at 3:37 PM

Right, that’s one problem. The main one is that the bill is extremely unpopular, both in WI and at the national level. So Republicans don’t want to suffer the political costs of passing it again.

crr6 on March 31, 2011 at 3:31 PM

The bill most certainly is not extremely unpopular on the national level, or other states, even right to work states, are passing similar bills. They are extremely popular with the ‘producers’, but you’d know nothing about that.

ladyingray on March 31, 2011 at 3:38 PM

Here’s the thing,the TRO was til she ruled on the actual case brought to her. She issued it because she was going on vacation. She’s now back from vacation and has spent four days revising her TRO, in this time she could have actually ruled on the case so it could have been appealed and bumped to the Supreme Court.
She’s just stalling and the right is allowing the media to set the narrative. Has any media report even questioned why she hasn’t ruled on the actual suit in front of her?

lowandslow on March 31, 2011 at 3:40 PM

The bill most certainly is not extremely unpopular on the national level, or other states, even right to work states, are passing similar bills. They are extremely popular with the ‘producers’, but you’d know nothing about that.

What the hell does popularity of a position matter? Leaders are supposedly elected to lead. Walker was doing just that until this ruling. He appears to have been castrated.

JSGreg3 on March 31, 2011 at 3:41 PM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

Are they afraid of political repercussions or because of death threats?

SukieTawdry on March 31, 2011 at 3:44 PM

Are they afraid of political repercussions or because of death threats?

SukieTawdry on March 31, 2011 at 3:44 PM

Does it matter? No. The Liberals have won either way and orchestrated both outcomes. It’s not hard to do when pansies are elected instead of leaders.

JSGreg3 on March 31, 2011 at 3:47 PM

The problem is, the plain language of the law in question…

All board and council meetings, plan commission meetings, zoning board meetings and hearings, and any ad hoc citizen or advisory meetings authorized by a governmental body must comply with the Wisconsin Open Meetings Law

http://sheboygan.uwex.edu/files/2010/05/6_OpenMtgLaw.pdf

Is designed to force LOCAL government to act in a transparent manner. I can not find any wording in the thing that indicates the law applies to the WI legislature except as follows.

In short, a legal reach by a partisan Judge should not be allowed to overturn this law.

The actual wording of the law concerning exceptions for the legislature follows

19.87 Legislative meetings.

This subchapter shall apply to all meetings of the senate and assembly and the committees, subcommittees and other subunits thereof, except that:

(1) Section 19.84 shall not apply to any meeting of the legislature or a subunit thereof called solely for the purpose of scheduling business before the legislative body; or adopting resolutions of which the sole purpose is scheduling business before the senate or the assembly.

(2)[B] No provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.[/B]

(3) No provision of this subchapter shall apply to any partisan caucus of the senate or any partisan caucus of the assembly, except as provided by legislative rule.

(4) Meetings of the senate or assembly committee on organization under s. 71.78 (4) (c) or 77.61

(5) (b) 3. shall be closed to the public.

[url]http://www.wisfoic.org/an-openmeetingslaw.html[/url]

How in heavens name can an action clearly exempted from the law BY the law, apply???

JIMV on March 31, 2011 at 3:52 PM

I wrote here that part of this fiasco is Judge Sumi’s fault for not reading the relevant law. That said, I’ve yet to see anyone talk about the sloppy lawyering the union lawyers did. Check out the post & see how their sloppy work added to the confusion.

LFRGary on March 31, 2011 at 3:56 PM

Hmmm…a poster at FreeRepublic posted this about 45 minutes ago:

I just spoke on the phone to WI State Senate President Scott Fitzgerald’s press secretary, and he said emphatically that the Walker Administration is NOT suspending implementation of this law. In fact, once I told him about the source of this as TalkingPointsMemo.com, he said this is a George Soros funded blog site, and to discount & disbelieve anything that is contained in this website. The Dane County Judge Sumi is so far out on the limb from a separation of duties standpoint and far exceeding her judicial scope, that she will be slammed down but hard because of her overreach. Unfortunately a Temporary Restraining Order is a rule of law and needs to be abided by…. but that is a far cry from saying that Walker or Huebsch have suspended implementation of the law. Right now there are teams of lawyers from the DOA, the AG & Governor’s office to get this rogue judge’s ruling legally thrown out, so that some other left-wing judge cannot come back on some other microscopic point to delay implementation of the law.

Del Dolemonte on March 31, 2011 at 3:57 PM

Well, now the people of Wisconsin know what a total bat$hit crazy judge looks like. If they elect themselves another one — and this woman running against Prosser is just as much a poster child for bad mental health as this woman is — then screw ‘em. If they vote to put the inmates in charge of the asylum there isn’t much to be done except sit back and watch the whole thing flame out. If a majority of Wisconsin voters can go out and pull the lever for the loony Kloppenburg after seeing her over and over on the television in her stunning lunacy, they deserve her and a dozen others like her. I suppose to a liberal it’s fun to vote for crazy people; living with them making decisions about your daily life, however, will prove to be something else altogether. Enjoy your unemployment and high taxes, Wisconsin. It’s there to stay.

Rational Thought on March 31, 2011 at 4:01 PM

You’re absolutely right. However, even if the bill is unpopular, Democrats will fight for what they believe in and will pay the political costs. Re: the healthcare bill. They paid the political costs last November, but they still fight … and win.

JSGreg3 on March 31, 2011 at 3:37 PM

Sure, but the health care bill is unpopular as well. Hopefully, that monstrosity will be dismantled bit by bit.

Dr. ZhivBlago on March 31, 2011 at 4:14 PM

One last comment on this third TRO. It is yet another example of how dumb liberals are, yet we are always treated to MSM story after MSM story about their brilliance — particularly their brilliance with the law. Her problem here, in a nutshell, is that she doesn’t know the law and has to keep editing herself when one of her law school clerks runs in after reading something in a law textbook. It’s quite pathetic.

Rational Thought on March 31, 2011 at 4:15 PM

This judge looks like Dianne Feinstein twenty forty years ago…

OmahaConservative on March 31, 2011 at 4:23 PM

Sure, but the health care bill is unpopular as well. Hopefully, that monstrosity will be dismantled bit by bit.

Dr. ZhivBlago on March 31, 2011 at 4:14 PM

You have got to be kidding, right? Who’s going to do the dismantling? $100M in cuts Boehner? Who’s testicles will he borrow?

JSGreg3 on March 31, 2011 at 4:33 PM

You’re absolutely right. However, even if the bill is unpopular, Democrats will fight for what they believe in and will pay the political costs. Re: the healthcare bill. They paid the political costs last November, but they still fight … and win.

Winner.

rickyricardo on March 31, 2011 at 4:47 PM

In a regular session a two day notice is required. As soon as the notice is posted the Democrats will be vacationing in Illinois once again and calling out their union thug protesters and media to beat up Republicans for as long as it takes.

RJL on March 31, 2011 at 3:17 PM

That’s fine. Let ‘em. Then pass the 2-part bill 2 days later since the whole crux of their argument is that they weren’t given enough notice.

SouthernGent on March 31, 2011 at 5:34 PM

If Sumi expects to have her decisions upheld by the state Supreme Court, perhaps she should take care to write them properly in the first place. She will have trouble explaining how she justified interfering with the publication of law in defiance with Wisconsin precedent, and I doubt that the Supreme Court will give her three tries to get that right. Furthermore, her commentary about the legislature’s ability to work around her won’t exactly be seen as uninterested jurisprudence, either.

She has no worries about what the Supreme Court of Wisconsin will do to her because she is confident that kloppenburg will win, tipping the balance of the court to the left. Kloppenburg has vowed she will fight against EVERYTHING Walker does. Regardless of law or constitutionality. Its absolutely sick what the libs want to do to our government here.

Spectreman on March 31, 2011 at 5:43 PM

Kloppenburg has vowed she will fight against EVERYTHING Walker does. Regardless of law or constitutionality. Its absolutely sick what the libs want to do to our government here.

Spectreman on March 31, 2011 at 5:43 PM

If the WI voters elect that woman, I will shrug my shoulders and tell them to enjoy swimming in the sewer. A bailout won’t be forthcoming.

ladyingray on March 31, 2011 at 6:09 PM

This is only not clear to the far left…to normal folk it is about as vital an issue as ‘how many angels can dance on the head of a pin’…

The Senate sets its own rules and a majority of that body says the procedures were followed. Case closed.

Here is what the senate rule says…

No notice [/B]of hearing before a committee shall be required other than posting on the legislative bulletin board, and no bulletin of committee hearings shall be published

http://legis.wisconsin.gov/lrb/pubs/ib/98ib1.pdf

So let me see if I understand…The Senate rule by law trumps the Open Meeting provisions. The Senate rule says specifically “No notice” is required aside from posting notice on the bulletin board, which was done…

How is this in any way confusing? How is this a legal issue…

They were in special session
They posted the meeting notice IAW the rule
The rule trumps the law…

Apparently the only folk confused or seeing a conflict are

1. Partisan dems
2. Folk who have never bothered to read either the law or the rule
3. One hack in legal Robes

I simply cannot understand how anyone serious is paying any attention to that silly Judge at all…

JIMV on March 31, 2011 at 6:35 PM

Right, that’s one problem. The main one is that the bill is extremely unpopular, both in WI and at the national level. So Republicans don’t want to suffer the political costs of passing it again.

crr6 on March 31, 2011 at 3:31 PM

Exact same thing could be said about the Democrats and Obamacare, dumba$$.

fossten on March 31, 2011 at 6:52 PM

Hmmm Crr not addressing the TRO or the the hilarious fact that it was rewritten twice seems to indicate that she knows this judge is as dim as she is .

CWforFreedom on March 31, 2011 at 7:28 PM

Cur(crr6) is a hopeless argument. It is a leftist with no principles.

Sporty1946 on March 31, 2011 at 7:42 PM

Who cares what this hack judge issues. The bill was passed. She is the one that is acting on illegal grounds. I say push through and show these judges laws mean something. If she or her liberal friends don’t like run for office to change it.
Her injuction means nothing to me, because her ruling is illegal, PEROID!!!!!

mmcnamer1 on March 31, 2011 at 7:56 PM

Ok people, here is my 2 cents, 40 billion in cuts, plus chop PP @ the knees, PBS/NPR @ the knees and cut the EPA budgets by 2/3.
Thats how you’ll get me on board.

mmcnamer1 on March 31, 2011 at 8:01 PM

Would someone just slap this woman.

wi farmgirl on March 31, 2011 at 8:03 PM

This woman is a fascist, deserving of execution in a moral country.

proconstitution on March 31, 2011 at 8:41 PM

Send the layoff notices that were suspended (based on the idea the bill had passed) tomorrow. This is the world these schmucks want. Give it to them.

Mr. D on March 31, 2011 at 1:58 PM

Amen!

steveegg on March 31, 2011 at 2:08 PM

Does that mean we have camels back at the Capital?

wi farmgirl on March 31, 2011 at 8:50 PM

“Slavery is extremely popular in the South, and there is no national consensus to overturn slavery.”

Crr6 in 1860

ebrown2 on March 31, 2011 at 9:39 PM

This judge needs to start to be treated “uncomfortably”…

Khun Joe on March 31, 2011 at 10:23 PM

I hope that judge has clothes on under that robe!

She could use a shave (face), eyebrows trimmed and oh hell I don’t know, why are liberal women so fugly?

Looks like the proverbial baby that when born the doctor slapped her mother.

Did she just quit with the hygiene when she was awarded judge for life Yuk!

dhunter on March 31, 2011 at 10:33 PM

That iodiot leftist needs to be removed from the bench.

rayra on March 31, 2011 at 11:06 PM

it is hereby declared that 2011 Wisconsin Act 10 has not been published …”

Did even Orwell anticipate this kind of revisionism from judges?

Does this woman actually believe she can deny what has already happened? Maybe she should remember the story of King Canute ordering the waves to stop.

There Goes The Neighborhood on April 1, 2011 at 12:54 AM

WI Judge TRO 4: off with their heads

WI Judge TRO 5: who stole the strawberries?

olesparkie on April 1, 2011 at 6:26 AM

Watch a livestream of a Dane County court hearing pertaining to the contentious collective bargaining bill.

scrubjay on April 1, 2011 at 10:11 AM

How in the world does she have the power to tell the Secretary of State not to do his job? I suppose it might make sense if it is just a TRO while an expedited decision was being reached on whether or not the open hearings statute was violated? Of course the idea that the one bill that had the most press in the entire nation during the previous several weeks, and had protestors camped out at the capital, didn’t receive enough openness or constituent input is ridiculous.

Given the situation, where Dem legislators were breaking the law by going AWOL and obviously weren’t going to attend the meeting anyway, the challenge is a ludicrous technicality to stop the entire law, especially when the timing of when the law goes into effect makes a big difference as unions are in a rush to negotiate new contracts ahead of the enforcement of the new law.

Regardless, this judge is now ruling far outside anything she has power over. She cannot order people unrelated to the lawsuit to do anything. She cannot simply declare a fact not to be, which she is trying to do by declaring that the law was not published when it was.

That would be the easy way, right? Just find one judge to declare that ObamaCare was never published in the federal register (even though it was) and therefore cannot be enforced.

This is judicial anarchy.

How is an out of control judge like this kept in check? Who actually enforces her orders, and will they in this case if she starts trying to sanction administration officials?

When does this case get expedited to a higher court ASAP?

willamettevalley on April 1, 2011 at 12:55 PM

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