Judge Maryann Sumi Blocks Law

UPDATE, June 14, 2011: Maryann Sumi's ruling is overturned by the Wisconsin Supreme Court.
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UPDATE, May 26, 2011: Maryann Sumi strikes down law.
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UPDATE, March 31, 2011: Sumi rules AGAIN.

Judge Maryann Sumi, mother of foul-mouthed, union hack Jake Sinderbrand, has ordered that the budget repair bill is not in effect.

A state law to sharply curb union bargaining by public employees is not in effect, a Dane County judge ruled Thursday, continuing the turmoil over a measure that sparked massive protests and prompted Democrats to boycott the Senate for three weeks.

Gov. Scott Walker's administration said it would comply and discontinue the implementation of the law.

"Based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011, evidentiary hearing, it is hereby DECLARED that 2011 Wisconsin Act 10 has not been published within the meaning of (state statutes), and is therefore not in effect," Dane County Circuit Judge Maryann Sumi ruled in a two-paragraph order.

...In response to the order, Walker's administration said it was halting action on putting the law in force.

"While I believe the budget-repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time," said a statement from Administration Secretary Mike Huebsch.

"I am pleased that now we have a clear statement that the law is not in effect and that we have to straighten this out," said La Follette, a Democrat.

Assembly Minority Leader Peter Barca (D-Kenosha) said the order was needed because he said Walker's administration had ignored past warnings from the judge.

"This morning with her added order she has taken away their last excuse," his statement said.

Senate Majority Leader Scott Fitzgerald (R-Juneau) called the order "judicial activism at its worst."

"Once again, one Dane County judge is doing everything she can to stand in the way of our efforts to improve the economy and create jobs," said a statement he issued.

...Sumi's latest order is in sharp contrast to what she said two days earlier in court. Then, Ozanne asked her to issue an order declaring the law was not in effect, but Sumi declined to do so.

"That is yet to be determined," she said then. "I hesitate to do that at this point because testimony is not closed and argument is not closed."

No testimony has been taken since Sumi said that.

Clearly, Sumi is doing the bidding of the unions.

She pulled this latest order out of thin air, something she said she would not do.

This is judicial activism.

This is Dane County.

Read Sumi's March 31, 2011, ruling.
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UPDATE, March 29, 2011: Maryann Sumi Blocks Law - AGAIN
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The assault on Wisconsin's middle class taxpayers continues.

Dane County Circuit Judge Maryann Sumi decided to issue a restraining order that blocks Wisconsin Secretary of State Doug La Follette from publishing Act 10 on or before March 25. In other words, the judiciary has joined the fight against Wisconsin taxpayers.

From the Milwaukee Journal Sentinel:

Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, halting Gov. Scott Walker's law that would sharply curtail collective bargaining for public employees.

Sumi's order will prevent Secretary of State Doug La Follette from publishing the law - and allowing it to take effect - until she can rule on the merits of the case. Dane County District Attorney Ismael Ozanne, a Democrat, is seeking to block the law because he says a legislative committee violated the state's open meetings law in passing the measure, which Walker signed on Friday.

Sumi, who was appointed to the bench by former GOP Gov. Tommy G. Thompson, said Ozanne was likely to succeed on the merits.

"It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law)," she said.

The judge's finding - at least for now - is a setback to Walker, a Republican, and a victory for opponents, who have spent weeks in the Capitol to protest the bill. Walker spokesman Cullen Werwie said the governor's side will ultimately prevail in court.

Assistant Attorney General Steven Means, who was part of the state's legal team, said after the ruling that "we disagree with it."

"And the reason they have appellate courts is because circuit court judges make errors, and they have in this case."

Means said that the state will ask the state Appeals Court to overturn the temporary restraining order Friday or early next week. He said that the Appeals Court is not required to hear an appeal because a final decision has not been reached in the case.

Means said the state was prepared for Sumi's decision. He said the state had a chance to substitute judges, but decided not to do so.

Sumi said that, if the Legislature wanted to come back to re-enact the bill, they would have the right to do that.

In the name of Wisconsin taxpayers, I think the Legislature should come back and reenact the bill.

It's important for communities to be able to plan and not be held in a state of limbo.

Republicans should make it clear that voting on the bill again should not be seen as a sign of having broken the Open Meetings Law. Rather, it's an effort to give taxpayers relief and local governments direction as soon as possible.

If the Democrats shamefully flee the state again to avoid their responsibilities as legislators, it will be clear that they are nothing but puppets of the unions and the Obama administration.

Enough with the delay tactics and obstruction carried out by the 14 AWOL Dem senators and Doug La Follette. Enough with the violence being carried out by the union bosses and their thugs.

Act in the name of Wisconsin taxpayers and the middle class. Follow through on the results of the November 2010 elections. Let the voices of Wisconsin voters, taxpayers, be heard.

In short, send help for the taxpayers and middle class immediately rather than leaving us hanging in the courts. Save jobs. Prevent layoffs.
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Mark Levin responds:

A hack in a robe pretending to be a judge.

From Christian Schneider:

Wis. Stat. 19.87: Legislative rules trump statutes. And the rules give special procedures to special session bills.

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UPDATE: Maryann Sumi, Mark Levin, and "Legal Anarchy"