Posted on 03/02/2011 9:13:17 AM PST by bigbob
A Lakewood man has asked a judge to compel state Sen. Jim Holperin to show up at the Capitol for a vote on the guv’s budget repair bill.
The complaint claims Holperin, D-Conover, is neglecting his constitutional duties, which Kevin Barthel says includes attendance at session days.
Because the Senate can't vote on the repair bill with Dems boycotting the Capitol, the state could miss refinancing some of its debt to save millions. Without action, layoff notices will be sent to government employees, including residents of Holperin’s district, the suit argues, causing harm to his constituents.
Dems have offered alternatives to the state refinancing, which they say merely postpones bigger issues.
The complaint also asks that Holperin be found guilty of a class H felony if refuses or neglects to perform his duty. Barthel is also seeking “appropriate costs and attorneys fees.”
A hearing date on the matter had not yet been set, according to on-line court records.
It will be interesting to see how this plays out. Hats off to Mr. Kevin Barthel for having the courage to stand up and take action and the willingness to put his own money on the line in an attempt to force his elected state Senator to do his job.
Hmmm... if the financing deadline is missed and these guys get convicted of felonies for failure to do their jobs, could they then be held personally liable for the costs associated with the failure to timely finance?
However, I don't know the context of that decision. In front of another judge, coupled with the Writ of Mandamus, this one might turn out differently.
But, I doubt it. Judges are usually reluctant to intervene in legislative disputes -- as it opens a whole can of worms called "separation of powers".
It may not be a criminal matter but it could be a civil claim for damages if the politician’s dereliction of duty, lack of due diligence, lack of fiduciary care, or whatever it is called - and his action/inaction leads to some of his constituents losing their jobs
ping
Why don’t we just send them an e-mail telling them they have won a new iPad and they can pick it up in Madison? I’m sure one of the 14 will be dumb enough to fall for it.
*Why don’t we just send them an e-mail telling them they have won a new iPad and they can pick it up in Madison? I’m sure one of the 14 will be dumb enough to fall for it.*
Beloit or Kenosha would be closer.
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