La Follette asks Supreme Court to drop DOJ’s appeal
By Samy Moskol

Published: Friday, April 8, 2011

Updated: Friday, April 8, 2011 02:04

The legal battle over the budget repair law escalated Thursday when Secretary of State Douglas La Follette filed a petition to halt an appeal against Dane County Circuit Court Judge Maryann Sumi's court ruling.

La Follette motioned Thursday to halt an appeal requested by Attorney General J.B. Van Hollen. The appeal challenged Sumi's court ruling that ordered a temporary restraining order on the publication of the budget-repair law.

The Department of Justice filed the appeal under La Follette's name. La Follette, a Democrat who had conflicts with his council from the DOJ and whom Sumi allowed to hire a new attorney, said they never consulted him on the issue.

The DOJ submitted a response to LaFollette's request, asserting they are the proper council to represent his office and imploring the Supreme Court to take up the case in order to clarify Sumi's decision.

The DOJ, which has been receiving criticism from Democrats for their handling of the budget repair law case, is now also subject to attack from prominent Republican lawmaker state Rep. Steve Nass, R-Whitewater.

Nass requested an investigation of Assistant Attorney General Thomas Bellavia after e-mails Bellavia sent to Democratic state senators when they while in Illinois became public.

In the e-mails, Bellavia says he is a political supporter of their efforts regarding the budget-repair bill and according to Nass, he provided them legal advice when they were in Illinois.

"There are legitimate concerns [Bellavia] could attempt to sabotage the defense of the Wisconsin Legislature based on his partisan activities," Nass said in a letter to Van Hollen.

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