Dane County Circuit Court Judge Maryann Sumi blocked any further implementation of Gov. Scott Walker's budget repair law for a second time Tuesday after her previous ruling was, as she said, "misunderstood or ignored."
Sumi reiterated her position that various legislators broke the state's Open Meetings Laws on March 9 when they held a short notice committee meeting to modify the budget repair bill so it could pass through the state Senate without a quorum and placed an amended temporary restraining order on the law.
Since the first ruling, which was issued on March 18, the Legislative Reference Bureau published the law after Secretary of State Doug La Follette rescinded his publication date for the law in compliance with Sumi's original ruling.
Republicans and the Department of Justice argued the publication makes it law, and the Department of Administration has already moved forward with its implementation. However, Sumi clarified in her ruling that implementation of the law must be halted immediately.
"Those who act in willful and open defiance of a court order place not only themselves at peril of sanctions," Sumi said. "They also jeopardize the financial and governmental stability of the state of Wisconsin."
DOJ spokesperson Steve Means said even if the DOA moved forward with implementation it could not be found in contempt of court because it was not party to the lawsuit.
However, DOA Secretary Mike Huebsch said in a statement his department is in the midst of evaluating the ruling and considering the best way to proceed.
The DOJ appealed Sumi's original position, and once the LRB published the law state Attorney General J.B. Van Hollen asked to withdraw the suit after it was referred to the Supreme Court.
The Appeals Court denied his request, saying Van Hollen was pushing for a confirmation the law was in fact in effect, which they decided they did not have the authority to determine.
Speaker of the Assembly Jeff Fitzgerald, R-Horicon, who is party to the suit, criticized Sumi's latest decision as an abuse of power.
"It's disappointing that a Dane County judge wants to keep interjecting herself into the legislative process with no regard to the state constitution," Fitzgerald said. "Her action today again flies in the face of the separation of powers between the three branches of government."
The next hearing on this case will take place on Friday, April 1 at the Dane County Courthouse.
