Judge Issues Order Blocking Publication of Budget Repair Bill
2011-03/18 Jeffrey T. Jones                                                             Printer Friendly PDF Version

BREAKING NEWS

At about 10:30 a.m. this Friday morning, Dane County Circuit Court Judge Maryann Sumi issued a temporary restraining order prohibiting Secretary of State Doug La Follette from publishing Governor Walker’s Budget Repair Bill.  Judge Sumi’s order temporarily addresses a complaint filed by Dane County District Attorney Ismael Ozanne, a Democrat, which seeks to block the law because he believes a legislative committee violated Wisconsin’s Open Meetings Law when the Bill had been passed by the Legislature. 

Judge Sumi stated that she was issuing the order until a full hearing on the merits of the matter could be held.  There is a rumor that the Judge will be out-of-town this coming week so a hearing may not begin until after her return on or about March 28, 2011.  

Judge Sumi, who was appointed by former Governor Tommy G. Thompson, stated that District Attorney Ozanne was likely to succeed on the merits.  However, a Walker spokesman said the Governor’s side will ultimately prevail in court.  In issuing the order, Judge Sumi stated that the Legislature could re-enact the Bill if the Legislature wished to do so.  

As a result of Judge Sumi’s order, implementation of the Budget Repair Bill’s provisions with regard to curtailing public sector collective bargaining agreements will be delayed. Also delayed will be the requirement that all public sector employees contribute to the Wisconsin Retirement System which, at this point, is 5.8% of their gross wages.  Thus, it is likely that there will be no such deductions beginning as early as March 27th as had been expected.  

Please feel free to contact Jeff Jones, the author of this e-alert, or any of the attorneys in the Employment,
Labor & Benefits Practice Group of Ruder Ware: Dean Dietrich, Ron Rutlin, Mary Ellen Schill, Chris Toner, or Sara
Ackermann if you have questions in regard to this update.

© 2011 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
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