Appeals court asks Wisconsin Supreme Court to decide budget repair bill
issues
The restraining order that temporarily blocks publication of the
budget repair bill remains intact until the Wisconsin Supreme Court
decides the next step.
By Joe Forward, Legal Writer,
State Bar of Wisconsin
March 24, 2011
– A state appeals court has asked the Wisconsin Supreme Court to
decide whether striking down a legislative act is an available remedy
for a violation of Wisconsin’s open meetings law, if one has
occurred, and whether a court can block publication of an act.
The District IV Wisconsin Court of Appeals’ certification,
filed today, stems from the temporary
restraining order (TRO) issued March 18 by Dane County Circuit Court
Judge Maryann Sumi in the case of State v. Fitzgerald, which
temporarily blocks publication of Gov. Scott Walker’s
controversial budget
repair bill. Publication is required for implementation of the
law.
Republican members of the Wisconsin Senate and of a joint legislative
committee passed the budget repair bill March 9. Dane County District
Attorney Ismael Ozanne filed a lawsuit March 16, asserting lawmakers
violated Wis. Stat. section 19.84(3) in passing the bill.
The Wisconsin Department of Justice quickly filed a petition
for leave to appeal Judge Sumi’s decision on March 21, and
asked the appeals court to stay the TRO to allow publication of the act
tomorrow (March 25).
Today, the appeals court refused to stay the petition and asked the
Wisconsin Supreme Court to decide whether Judge Sumi had the authority
to stop publication and whether voiding the act is a remedy if lawmakers
violate open meetings laws in passing it.
That means the TRO will remain in effect until the supreme court
decides whether to hear the case on certification. Certification is
granted upon a majority vote with no specified timeline.
“This case presents several significant issues involving
justiciability and the remedies that are available under
Wisconsin’s Open Meetings Law,” the appeals court explained.
“[W]e believe that resolution of these questions will require
clarification of the interaction between the Open Meetings Law and a
line of cases dealing with the separation of powers doctrine.”
The Wisconsin Education Association Council, AFSCME District Councils
24, 40, and 48, SEIU Healthcare Wisconsin, and the Wisconsin State
AFL-CIO have filed a motion
for leave to file an amicus curiae brief, along with its brief.
