Dane County judge halts collective bargaining law Michigan
Dane County judge halts collective bargaining law
e-mail http://www.jsonline.com/blogs/news/118242109.html
By Patrick Marley of the Journal Sentinel
Updated: March 18, 2011 11:14 a.m. |(223) Comments
Madison -- Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees.
Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law.
Sumi said Ozanne was likely to succeed on the merits.
"It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law)," she said.
The judge’s finding – at least for now – is a setback to Republican Gov. Scott Walker and a victory for opponents, who have spent weeks in the Capitol to protest the bill.
Asst. Atty. Gen Steven Means, who was part of the state's legal team, said after the ruling that "we disagree with it."
"And the reason they have appellate courts is because circuit court judges make errors and they have in this case."
Means said the state would "entertain an appeal."
"If the Legislature decides to go back and re-act on these provisions, they have the right to do that. And we will see what happens," he said.
Means said he had no idea what the Legislature might do.
Means said no final decision had been made on an appeal. "But that's where we are pointing at," he said.
Means said the state expected Sumi's decision. He said the state had a chance to substitute judges, but decided not to do so.
Rep. Peter Barca (D-Kenosha) said he was pleased with the judge's ruling.
"I am very pleased with her action," Barca said. "We felt from the beginning this was a violation of the open meetings law. And now we go on from here."
e-mail http://www.jsonline.com/blogs/news/118242109.html
By Patrick Marley of the Journal Sentinel
Updated: March 18, 2011 11:14 a.m. |(223) Comments
Madison -- Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees.
Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law.
Sumi said Ozanne was likely to succeed on the merits.
"It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law)," she said.
The judge’s finding – at least for now – is a setback to Republican Gov. Scott Walker and a victory for opponents, who have spent weeks in the Capitol to protest the bill.
Asst. Atty. Gen Steven Means, who was part of the state's legal team, said after the ruling that "we disagree with it."
"And the reason they have appellate courts is because circuit court judges make errors and they have in this case."
Means said the state would "entertain an appeal."
"If the Legislature decides to go back and re-act on these provisions, they have the right to do that. And we will see what happens," he said.
Means said he had no idea what the Legislature might do.
Means said no final decision had been made on an appeal. "But that's where we are pointing at," he said.
Means said the state expected Sumi's decision. He said the state had a chance to substitute judges, but decided not to do so.
Rep. Peter Barca (D-Kenosha) said he was pleased with the judge's ruling.
"I am very pleased with her action," Barca said. "We felt from the beginning this was a violation of the open meetings law. And now we go on from here."
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