Is there such a thing as “contempt of Legislature”? There must be some legal remedy for elected officials who refuse to go to work and do their jobs......
I think this is why there is a law that compels attendance at votes on fiscal legislation. This is why the sherrif can go out to the member’s home to get him or her.
Obviously, though, this is easily circumvented by the Senators simply leaving the jurisdiction.
Maybe WI should apply to IL for EXTRADITION of the Senators? They are, so far as I understand it, breaking the law of WI by fleeing their legislative duty.
Also there must be some law that allows for votes to go forward once vacancies have been established.
I believe most states have a process for declaring public offices officially abandoned and holding new elections.
I keep thinking the same thing. I guessed it has never occured to the WI Senate that a minority party would skip the state to avoid a vote. Afterall, Republicans have never tried it. It they had, you can bet there would be an precedent on how to AGGRESSIVELY handle the situation. (My guess is, they would have just voted without them, knowing the liberal WI courts would withhold the law. With Republicans, it would be the opposite, judge would declare law null and void.)
According to the State Constitution the Senate can compel attendance AND define the punishment for refusing attendance.
Wisconsin statutes allow the Governor to declare any House or Senate seat to be vacated if the individual elected or appointed to that seat fails to be present at their designated chamber for 30 days or more.
Yes it’s called a “Writ of Mandamus”
I believe it's called RECALL (as in to fire).
Yes, there is. The US Senate once sent Sam Giancana to prison for taking the fifth and refusing to testify before a Senate committee even after being given immunity (negating the fifth need). He could only be sent to jail for a year and after being released was hauled back before the committee given the same deal and after the same response was sent back to prison.
The legislature has the power and authority to compel attendance of its members:
Article IV, §7
Organization of legislature; quorum; compulsory attendance. Section 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
The issue is that only the Senate sergeant-at-arms technically has the authority to compel a senator to return - they are otherwise privileged from arrest for any crime except treason, felony, or breach of the peace, and the Senate republicans thus far have not mustered the guts to request that the sergeant-at-arms attempt to bring one of them in in handcuffs.
“Is there such a thing as “contempt of Legislature”?”
Hope not. I would have spent the last several decades in jail :)