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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Judge Maryann Sumi is blocking the implementation of the budget repair LAW.
No surprise there.
The Sinderbrand family must be celebrating tonight.
From the Milwaukee Journal Sentinel:
A Dane County judge Tuesday blocked the state from implementing Gov. Scott Walker’s collective bargaining measure.
“Further implementation of the act is enjoined,” said Dane County Judge Maryann Sumi.
Sumi noted her original restraining order issued earlier this month was clear in saying that the state should not proceed with implementing the law. The Walker administration did so after the bill was published Friday by a state agency not included in Sumi’s earlier temporary restraining order.
“Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear,” she said.
But minutes later, outside the court room, Assistant Attorney General Steven Means said the legislation “absolutely” is still in effect.
Assembly Minority Leader Peter Barca (D-Kenosha) balked at that statement.
“It’s just startling that the attorney general believes you should not follow court orders anymore,” he said.
The restraining order is in effect until Friday, when more testimony will be taken. At that point, Sumi could rule on whether the law should be suspended for a longer period.
Sumi noted she has not yet found that lawmakers violated the open meetings law, but noted the Legislature could resolve the matter by passing the bill again. Andrew Welhouse, a spokesman for Senate Majority Leader Scott Fitzgerald (R-Juneau), said there are no plans to try to pass the bill again.
First, 14 AWOL Democrat state senators held the people of Wisconsin hostage.
Now, a woman in a black robe is trying to do the same thing.
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Read Maryann Sumi's March 29, 2011, order.
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