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Appeals court asks Wisconsin Supreme Court to decide budget repair bill issues
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| Contributor | Homegrown Democrat |
| Last Edited | Homegrown Democrat Mar 24, 2011 07:16pm |
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| Category | News |
| Author | Joe Forward |
| News Date | Friday, March 25, 2011 01:15:00 AM UTC0:0 |
| Description | March 24, 2011 – A state appeals court has asked the Wisconsin Supreme Court to decide whether striking down a legislative act is an available remedy for a violation of Wisconsin’s open meetings law, if one has occurred, and whether a court can block publication of an act.
The District IV Wisconsin Court of Appeals’ certification, filed today, stems from the temporary restraining order (TRO) issued March 18 by Dane County Circuit Court Judge Maryann Sumi in the case of State v. Fitzgerald, which temporarily blocks publication of Gov. Scott Walker’s controversial budget repair bill. Publication is required for implementation of the law.
Republican members of the Wisconsin Senate and of a joint legislative committee passed the budget repair bill March 9. Dane County District Attorney Ismael Ozanne filed a lawsuit March 16, asserting lawmakers violated Wis. Stat. section 19.84(3) in passing the bill.
Secretary of State Doug La Follette, through the Wisconsin Department of Justice, quickly filed a petition for leave to appeal Judge Sumi’s decision on March 21, and asked the appeals court to stay the TRO to allow publication of the act tomorrow (March 25).
Today, the appeals court refused to stay the petition and asked the Wisconsin Supreme Court to decide whether Judge Sumi had the authority to stop publication and whether voiding the act is a remedy if lawmakers violate open meetings laws in passing it. |
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