Thread: Judge blocks contentious Wisconsin union law

By JASON SMATHERS, Associated Press Jason Smathers, Associated Press – 16 mins ago

MADISON, Wis. – A Wisconsin judge issued a temporary restraining order Friday blocking the state's new and contentious collective bargaining law from taking effect, raising the possibility that the Legislature may have to vote again to pass the bill.

Lawmakers had passed Gov. Scott Walker's measure last week, breaking a three-week stalemate caused by 14 Senate Democrats fleeing to Illinois. Demonstrations against the measure grew as large as 85,000 people.

Dane County District Judge Maryann Sumi granted the order in response to a lawsuit filed by the district attorney alleging that Republican lawmakers violated the state's open meetings law by hastily convening a special committee before the Senate passed the bill.

[Related: What is a right-to-work law?]

Sumi said her ruling would not prevent the Legislature from reconvening the committee with proper notice and passing the bill again.

Walker spokesman Cullen Werwie would not comment on whether the governor would push to call the Legislature back to pass the bill again, either in its current form or with any changes. Werwie said Walker was confident the bill would become law in the near future.

"This legislation is still working through the legal process," Werwie said.

A spokesman for Republican Senate Majority Leader Scott Fitzgerald declined to comment, citing the ongoing legal fight. A spokesman for Assembly Speaker Jeff Fitzgerald did not immediately respond to a message seeking comment.

Opponents of the law were hopeful the judge's ruling would lead to concessions.

"I would hope the Republicans would take this as an opportunity to sit down with Democrats and negotiate a proposal we could all get behind," said Democratic Sen. Jon Erpenbach, one of the 14 senators who stayed in Illinois for three weeks in an attempt to stop the bill from passing.

The head of the state's largest teachers union said the Legislature should use this as a chance to listen to opponents of the measure, not vote to pass the same bill again.

"Wisconsin's educators call upon the Legislature to take this as a clear signal that Wisconsinites will not tolerate backroom deals and political power plays when it comes to our public schools and other valued services," said Mary Bell, president of the Wisconsin Education Association Council.

Marty Beil, director of the state's largest public employee union, said in a statement, "We are gratified to see some of our so-called `leaders' finally held accountable for their illegal actions."

Assistant Attorney General Steve Means said the Justice Department planned to appeal the ruling. Since Sumi's order isn't final, the agency must secure permission from the state court of appeals before it can bring a case, Means said. Agency attorneys planned to make the request later Friday or perhaps early next week, Means said.

If the agency wins permission, it can pursue an appeal with the state appeals court or try to get the state Supreme Court to hear the case.

Dane County District Attorney Ismael Ozanne filed the lawsuit this week alleging the open meetings law was violated because 24 hours' notice wasn't given for a meeting of the special legislative committee convened to amend the bill.

Justice Department attorneys argued that notice on a bulletin board posted about two hours before the committee meeting was to start last Wednesday was sufficient under rules of the Senate.

The judge said DOJ couldn't show the committee was exempt from the 24-hour notice requirement. She said Ozanne could ultimately win the case and ordered Secretary of State Doug La Follette to hold off on publishing the law — the last step before it can take effect. La Follette had planned to publish the law on March 25.

Assembly Minority Leader Peter Barca of Kenosha said the ruling was a move in the right direction.

"I'm very pleased," Barca said. "As you know, I felt from the moment they called this that this would be a violation of open meetings law. This is an important first step in this regard."

The bill was part of Walker's solution for plugging a $137 million state budget shortfall. A part of the measure would require state workers to increase their health insurance and pension contributions to save the state $30 million by July 1. Other parts of Walker's original proposal to address the budget shortfall were removed before the bill passed last week. The Legislature planned to take those up later

http://news.yahoo.com/s/ap/20110318/ap_ ... ns_lawsuit

Thank GOD for a judge that knows the law Walker dont his bully tactics is leading to his down fall.You have herd of the frase on term GOV.He is going to be know as 1 year GOV.after his recall. He came in office with dirty hands and he will probably leave with cuffed hands. People elected a GOV. not a dictator being paid by the Koch brothers.He wont get his way he thought he had won by forcing his power and lieing to the people.I think with this judges stop is just the beginning and the end of Scott the other Koch brother Walker and i hope it is.

duckman: I must respectfully disagree. Walker campaigned on exactly what he has done. He was the Milwaukee Executive Officer and did the same type of thing in that office. The people of Wisconsin elected him based on promises which he has fulfilled.

Any lawyers on board? How can a county judge issue a stay against a state law?

No i disagree he never mention collective bargining when he campained if he did he would have gotten beat. Dont get me wrong i was a military guy we didnt have a union but i dont complain about the people who want to belong to a union thats their choice i dont pay their union dues and taxpaters dont pay their pensions.But what Walker done was against the states constitution and he knows that but he just wants to look like a strong guy to build his resamay to run for president in future but unfortunally he has sealed his own fate. But no he didnt say anything about union busting in his campain just about ballencing a budget. I watched him on fox news when he was running for GOV. never once mentioned collective bargaing. This is something he added after he got elected.

I'm against Unions because they are nothing more then a protection racket. I'm all for right to work. Unions should NOT have the ability to deny people work simply because they don't pay Unions for the "privilege" of being able to work.

The Unions I've dealt with did not promote on ability, they promoted based off who had been there longest, even if said person was NOT qualified to be promoted. They keep bad people from being fired. An example being Teachers that are not allowed to be around kids, get full pay and benefits for doing nothing.

My biggest problem with Unions is the millions of dollars they gave to Democrats. The same democrats that are helping illegals take Union jobs. That money could have gone back into Union for members to help pay pensions, insurance, etc. Money better spent on Union Members going to Politicians who give away Union jobs.

I must disagree with you also Duckman.

This is exactly why Republicans were put in office...to CUT spending. Walker has done a fine job and if it were not for the Liberal activist Judges we would get somewhere back to norman in our country.

duckman,

Unions are supposed to negotiate their contracts in good faith. The contracts are supposed to be about wages, benefits and working conditions period. Walker did not take these rights away from anyone.

All the protestors that were bussed in and promoting these protest were not really concerned about the union members losing their right to collectively bargain for their wages, etc. They were there to protect the control that they have acquired in the political arena.

duckman: I'm from a Teamsters family. The only thing they did for us is collect dues.

Private unions such as the teamsters are entirely different from public unions. Bargaining for a private union involves the employer and employee representatives sitting down at the bargaining table. However, public unions involve public employees (union) bargaining with other public employees (legislators) who have received campaign funds from the public union. It's an incestuous relationship. The only people NOT at the bargaining table are the taxpayers/employers.

Gov. Walker's bill does not eliminate collecting bargaining, it only limits it. The public workers in Wisconsin still have more collective bargaining rights that federal workers.

Dane County is the most liberal county in WI.

Activist Dane County Judge Blocks Budget Repair Bill
On March 18, Dane County Circuit Court Judge Maryann Sumi issued a temporary restraining order halting the publishing of the portions of the Budget Repair Bill that passed both houses and was signed into law by Governor Walker on March 11. The complaint, filed by Dane County District Attorney Ismael Ozanne claims that the Open Meetings Law was violated when the non-fiscal portions of the Budget Repair Bill were passed in a conference committee on March 9.

Judge Maryann Sumi explained to Bloomberg that “we are a court of law, not a court of politics or passion.â€

Originally Posted by duckman

Thank GOD for a judge that knows the law Walker dont his bully tactics is leading to his down fall.You have herd of the frase on term GOV.He is going to be know as 1 year GOV.after his recall. He came in office with dirty hands and he will probably leave with cuffed hands. People elected a GOV. not a dictator being paid by the Koch brothers.He wont get his way he thought he had won by forcing his power and lieing to the people.I think with this judges stop is just the beginning and the end of Scott the other Koch brother Walker and i hope it is.

I guess you don't live in Wisconsin. If you did the vast majority of the Citizens actually support walker and still do. He was voted in in part to do exactly this. Sure there's a huge uproar, but if Wisconsin citizens didn't like it why did the Unions have to bus in thousands from out of state to protest? Why did Walker get massive support from the Citizens of the state? The people support this, just walk around any area in Wisconsin other then Union thug areas and you'll find a lot of support. Ask the few who don't support it and I'll bet most have no clue what its really about and how collective bargaining is used against the taxpayers... or even be able to say how it helps the taxpayers if thats how they feel.

Gov Walker will survive a recall easily, he'd probably actually gain in numbers then he had with his election. A lot of moderate dem's support him including neighbors in Minnesota like myself and we all know Minnesota is a liberal state.

Do some research just exactly what these unions especially Public Unions do with their "collective bargaining rights". For instance look at the tens of thousands of statewide walkout teachers. Why weren't they all fired? Any other business and every single one would have been fired, lost all benefits, and lost that nice pension. But Union power keeps the government powerless to fire all those teachers w/o months of kids not being able to attend school, your kid has to repeat a year cause couldn't graduate that grade, and Union forced contracts keep each teacher employed and payed even when don't show up while waiting on a review which often takes up to 2 years. Hell, a teacher charged with child rape with solid evidence couldn't be put on unpaid leave in Michigan, the teacher continued to collect a paycheck while in jail for 1 1/2 years until was finally convicted when could then be terminated. They dragged on the trial for ages and holy hell...