Maryann Sumi Strikes Down Law

UPDATE, June 14, 2011: Maryann Sumi's ruling is overturned by the Wisconsin Supreme Court.
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I knew Dane County Judge Maryann Sumi was going to strike down the budget repair law. It was inevitable.

I'm sure her husband, the very anti-Scott Walker, pro-union, Democrat Carl Sinderbrand, and her very anti-Scott Walker, pro-union, Democrat son, Jake Sinderbrand, are happy.

What really bugs me is that Sumi took weeks, MONTHS, to make her decision.

I suppose once it became clear that JoAnne "I'm Ecstatic" Kloppenburg couldn't find a way to disenfranchise thousands and thousands of Wisconsin voters and that bit of recount chaos was no longer sucking the air out of the room, Sumi saw no point in dragging her feet any longer, particularly with the June 6, State Supreme Court date looming.

Besides, the Leftists needed something to celebrate this Memorial Day weekend, however temporary.

From the Milwaukee Journal Sentinel:

A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.

In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9. The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.

"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.

"It's what we were looking for."

No kidding.

Was there really ever any doubt it was what the Democrats would get?

Of course not.

...Steve Means, the number three official at the state Department of Justice, said the agency and GOP Attorney General J.B. Van Hollen have been surprised at Sumi's handling of the case and asked whether she would recuse herself from it.

"Obviously we're disappointed in the ruling. We do think it reflects a number of legal errors, but it's for the appellate courts at this point," Means said.

Means said Sumi had made her decision without holding a trial or making clear beforehand that no trial would be held.

...Senate Majority Leader Scott Fitzgerald (R-Juneau) responded in a statement. "There's still a much larger separation-of-powers issue: whether one Madison judge can stand in the way of the other two democratically elected branches of government. The Supreme Court is going to have the ultimate ruling, and they're still scheduled to hear the issue on June 6. This overdue reform is still a critical part of balancing Wisconsin's budget."

Ozanne agreed that the court case is still far from settled.

"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."

GOP lawmakers like Fitzgerald also have said they would consider passing the law a second time as part of the 2011-'13 state budget if it was necessary to ensure that it takes effect.

"Act 10 was passed and signed into law in accordance with the rules of the state Legislature," said Assembly Speaker Jeff Fitzgerald (R-Horicon), Scott Fitzgerald's brother. "I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law."

Here's video and more information, from the MacIver Institute:

The judge who had been blocking implementation of Wisconsin’s public employee collective bargaining reforms has now struck down the law altogether, saying legislative Republicans failed to give proper notice before acting on the bill in committee.

Dane County Circuit Court Judge Maryann Sumi issued her ruling Thursday, writing that the law is voided because lawmakers failed to provide proper public notice of a Conference Committee meeting wherein the bill was amended.

“The court must consider the potential damage to public trust and confidence in government if the Legislature is not held to the same rules of transparency that it has created for other governmental bodies,” Sumi wrote.

Republicans argued that the Legislature, when in Special Session, is not bound by the law requiring a broad public notice.

“This was not the case in which proper notice was missed by a few minutes or an hour,” Sumi wrote.

However, GOP lawmakers asserted they did provide the minimum two hour notice justified by the the ‘good cause’ provision of the statutes, even though that was also unnecessary. Sumi disagreed.

“Act 10 was passed and signed into law in accordance with the rules of the state legislature,” said Assembly Speaker Jeff Fitzgerald. “I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law.”

Republicans are expected to immediately appeal the decision. Since an appeal would likely take time to be heard, they may also move to pass identical provisions as a part of the biennial budget next month.

Read Sumi's ruling.

The Supreme Court takes up the matter on June 6.

Hopefully, it will eventually put an end to this obstruction.