Posted on 03/26/2011 8:52:09 AM PDT by bigbob
A Dane County judge has declined to hold a hearing today on the LRB's actions.
Judge Sarah O'Brien, who was the on call judge for emergencies yesterday, was contacted by Dane County DA Ismael Ozanne, who wanted an ex parte order in regard to LRB publishing the collective bargaining bill.
O'Brien originally set a hearing for 10 a.m. this morning, but decided to cancel it after looking at the LRB's website and reviewing a footnote on the published bill regarding the complaint Ozanne has filed and the temporary restraining order issued by one of her colleagues, according to a statement released through DOJ.
"Whatever the significance of it may be, the LRB acted today by putting the bill on its website," O'Brien wrote. "That bell cannot be 'unrung'. Ordering that the bill be taken off the website, as I believe Attorney Ozanne would like to request, would have no legal significance. Therefore I am declining to hold a hearing in this matter. Judge Sumi already has a hearing scheduled for early next week, and can take whatever actions are necessary at that time."
O'Brien wrote there would likely be questions raised in Ozanne's suit about the significance of the "publication" by the LRB and that she is not taking a position on whether the agency has effectively "published" the act. She includes a footnote in her statement that she used quotation marks around the word publish to make clear she is not ruling on whether the act has been legally published.
O'Brien also disclosed in her statement that she is in a long-term relationship with an administrator at the Department of Justice and that she walked through and around the Capitol several times in recent months while protesters were present. She said she did not participate in any way of the protests, but went "simply out of interest in public events unfolding in Madison."
"However, if any party has a concern about my impartiality in this matter as a result of these facts, they may bring that to my attention and I will consider whether other actions are necessary in dealing with this request for an ex parte restraining order," she wrote.
The Legislative Review Board (LRB), the state agency charged with publication of all WI laws, went ahead and published the Collective Bargaining bill yesterday. State rep Peter Barca (IDIOT-Madistan) and others had obtained the temporary restraining order against the Secretary of State - NOT against the LRB. So this move makes the Democrats look even more the fools that they are!
The lay interpretation of what happened here is that the TRO isn't worth the paper it's printed on - and the bill has become law. (But of course Dane County courts may thing otherwise!)
A press release from the Wisconsin DOJ states: ""The Wisconsin Department of Justice learned this afternoon that the Legislative Reference Bureau published Act 10. As noted in the published act, section 35.095 imposes a mandatory, ministerial duty on the legislative reference bureau to "publish every act ... Within 10 working days of enactment." In the same statute, the date of enactment is defined as the approval of a bill by the governor. No action by the Secretary of State is required by this section for the legislative reference bureau to publish an Act. The Secretary of State did not direct the publication of Act 10 by the legislative reference bureau and he is not in violation of the TRO issued by the Dane County Circuit Court. "
As State Senate Leader Scott Fitzgerald suggested this action to the LRB, stating that he was confident it was poper and "it's law tomorrow".
So today is a great day in Wisconsin!
Good!
Chalk another one up for the good guys? So do they quit withholding union dues immediately?
I don’t know how the implementation details work to be able answer your question about withholding of union dues, but I would think this would be ending soon, assuming there are not appeals or other interference with the bill as passed into law.
This is all obviously an attempt to find extra-parliamentary ways of nullifying a piece of legislation the Democrat party does not like, no different than fleeing the state to attempt to stop a vote. It shows the anarchistic methods they are willing to stoop to when they don’t get their way.
To our credit, when Obamacare was jammed through Congress there were no comparable tactics, instead our side immediately turned to discussion of defunding and legal means of repeal, lawsuits over the unconstitutional aspects, and of course winning BIG in the 2010 elections. All within the system, not attempting to subvert it. Says a lot.
HA HA! The Dems are so used to not following or bending the rules of Law they don’t know what the Law says! I bet some Union Thugs are wanting to Bit$h Slap a couple of Dem Law makers!
LOL! So, the union Rat shills are going to do what? Ask a union Rat shill judge to order the law to be “de-published”? Sounds like stuff the old Soviet Union liked to do.
William Holden from “The Horse Soldiers”
“Ding dong, ding dong.”
“That’s funny right there, I don’t care who you are.”
Larry the Cable Guy.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.