Archive for restraining order

WI will continue implementing collective bargaining law despite judge's order

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Do these guys need a more obvious invitation from Judge Sumi to get slapped with contempt?

Call me crazy, but it is my humble opinion that even more obvious defiance will not sit well with her at all:

State officials say they will move forward with Wisconsin's controversial collective bargaining law, despite a judge's order barring its implementation — and a threat of sanctions against anyone who violates it. [...]

Huebsch added that the Department of Justice and his legal counsel agree that the measure has met those requirements "and is now effective law."

"It is my duty to administer that law," he said. [...]

"Now that I've made my earlier order as clear as it possibly can be, I must state that those who act in open and willful defiance of the court order place not only themselves at peril of sanctions, they also jeopardize the financial and the governmental stability of the state of Wisconsin," Sumi said.

So they decided to treat the court the way they treat the unions, working people, and Wisconsinites in general:

All the legal schmegal arguments are at the link.

H/t: barelyberlee

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WI judge warns attorneys to watch what they say

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Dane County Judge Maryann Sumi has (justifiably) not been in the best mood lately. Wisconsin Senate Majority Leader Scott Fitzgerald ignored her restraining order that blocked publication of the terrible Walker anti-union "budget" bill.

So she threatened contempt and blocked the bill again.

Well now, here we are, it's a brand new day, and so, we have ourselves a brand new hearing. Everyone was a little on edge, and before you know it, Judge Sumi offered up a word or two of warning:

She advised lawyers to review state Supreme Court rules that say: "A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge...."

It wasn't clear who she was specifically addressing. If I were one of the attorneys present, I would pay attention. She's the one in the room with the big gavel.

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WI judge blocks further implementation of collective bargaining bill, threatens contempt

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This had to happen. If you need more back story, go here, but here are the basics:

Dane County Judge Maryann Sumi today granted a temporary restraining order blocking publication of the collective bargaining bill.

Sumi said she was given no evidence to show why the conference committee could not have given a 24-hour notice for its meeting last week or why a timely notice was not provided.

More here.

But it was published anyway. Apparently Scott Fitzgerald didn't care about any little ol' legal ruling.

He better start caring now. Via WisPolitics:

Dane County Judge Maryann Sumi issued an order this afternoon blocking further implementation of the collective bargaining bill. [...]

Sumi also warned that those who act "in willful defiance of a court order" not only may subject themselves to sanctions, but endanger the financial and governmental health of the state.

But why would Fitz and King Scotty Walker worry about the financial and governmental health of the state... or that of the people, for that matter? King Scotty couldn't even keep his promise about spending.

They are now finding themselves up against the New Civil Rights Movement, and even a judge, both representing the people, not corporate interests. Surprise!

Stay tuned.

H/t: Leftpalm

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Scott Fitzgerald's "publishing" anti-union law "constructively no different than visiting Kinko's"

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Yesterday, in a previous post, I was highly annoyed at Scott Fitzgerald... again. You see, there had been a restraining order granted by a judge that blocked publication of Wisconsin’s terrible collective bargaining law. That meant means the law wasn’t supposed to go into effect until it was litigated.

But Fitzgerald didn't care about that:

Madison - A controversial bill limiting collective bargaining for public workers has been officially published despite a temporary restraining order barring its publication.

A lot of us ranted and raved about his brazen disregard for the judge's order. However, after having read the "Illusory Tenant", it appears that Fitz, who clearly is of very little brain, confused "printing" with "publishing":

Senator's bold move constructively no different than visiting Kinko's [...]

"Publish" and "publication" are legal terms of art referring here to a step in the legislative process immediately preceding enforceability. [...]

But I suspect "publish" doesn't mean publish in the sense that the Secretary of State is enjoined from doing, but rather publishing as in printing onto paper, as §35.095 resides in a subchapter of the statutes entitled, "LEGISLATIVE; CLASS 1 PRINTING." Therefore it's reasonable to wonder whether Fitzgerald is trying to pull a fast one (it's also reasonable to wonder that just because it's Fitzgerald).

There Posturing Fitz goes again, confirming what we already know about his sleaziness.

Please read the whole thing, it's well worth it.

Added: Sequel here.

H/t: Charles Brace

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Wisconsin collective bargaining bill published despite restraining order

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If you recall, there was a restraining order granted by a judge that blocked publication of Wisconsin's terrible collective bargaining law.That meant means the law wasn't supposed to go into effect until it was litigated.

But that didn't stop the Walker the WonderWank, Inc. It's being enacted, regardless:

Madison - A controversial bill limiting collective bargaining for public workers has been officially published despite a temporary restraining order barring its publication.

The legislation was published Friday with a footnote that notes the restraining order, but says the law "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment."

The publication of the law means that it will take effect Saturday.

Here it is, in black and white. More like black and blue.

More details here, at JSOnline.

UPDATE: According to Jon Erpenbach, they are still trying to determine legalities. (H/t: Naomi Houser). On his Facebook page, he posted the following:

Fitzgerald ordered LRB [Legislative Reference Bureau] to publish the law. It's unclear if that does in fact make it law. LRB is unclear on that too. Lawyers are sorting things out.

Fitzgerald has ordered a non partisan agency to do something that us clearly partisan. Never ever has that been done before.

So it was Fitzgerald.

"Never ever has that been done before." Nor have a lot of things these days. I don't recall the destruction of democracy being on the agenda of American voters, yet that is what the Wisconsin GOP is determined to achieve.

I feel a few more major protests coming on.

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Judge blocks publication of Wisconsin collective bargaining law

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Yesterday I posted that this was coming. It came, alright, like a hurricane.

Per MSNBC just now, there were indications from the judge that the case against the law has a decent chance of winning on the merits.

Via WisPolitics:

Dane County Judge Maryann Sumi today granted a temporary restraining order blocking publication of the collective bargaining bill.

Sumi said she was given no evidence to show why the conference committee could not have given a 24-hour notice for its meeting last week or why a timely notice was not provided.

More here.

Added, liveblog: This means the law cannot go into effect until it is litigated, per John Nichols just now on the Thom Hartmann radio show. Nichols: They've already passed some elements separately. So far the governor's office's response is to let the legal process play out. Walker has serious internal problems in his Republican caucus in the Senate, so with the recall coming soon, he may not have enough support to pull off a redo by pulling the law and reintroducing it, if that's what they're thinking of doing.

Wisconsin was supposed to be the fuel for the fire that burned in other states doing similar things.

Frank Luntz had spent time with Walker and his staff, Rove and national conservatives have been in crisis mode for several weeks, says Nichols. The radical transition is helping Obama's numbers, and Rove, etc. are seeing a problem in '12. These are not political geniuses.

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Hearing set for tomorrow on suit to block Wisconsin collective bargaining bill

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A ruling on the merits of the case about breaking the open meeting law won't happen until after March 25, but a temporary restraining order to block the anti-union (anti-American) bill is getting a hearing on Friday.

My original post about the complaint charging violations of the open meeting law is here.

Via WisPolitics:

Dane County Judge Maryann Sumi has set an 8:30 a.m. start for a hearing on Dane County DA Ismael Ozanne's request for a temporary restraining order to block a bill that makes sweeping changes to collective bargaining rights of public employees.

Ozanne filed a complaint yesterday that a conference committee that passed the bill violated state open meetings laws. He is seeking to void the committee's action.

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