Dane County Circuit Judge Maryann Sumi amended her temporary restraining order Thursday morning, declaring Gov. Scott
Walker's budget repair law has not been published and is therefore not in effect.
This action came following Department of Administration Secretary Mike Huebsch's decision Wednesday to implement the law despite Sumi's previous injunction against the bill on the grounds that legislators broke the Open Meetings Law in the process of passing the legislation.
Huebsch released a statement immediately following the judge's amended ruling.
""While I believe the budget repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time,"" Huebsch said."" DOA will continue to abide by the court orders, like the department has done all throughout this process.""
State Senate Majority Leader Scott Fitzgerald, R-Juneau, also made his opinion clear regarding Sumi's continued involvement in the implementation process, taking issue with the fact the judge changed her order without a formal request from the legislative branch.
""Once again, one Dane County judge is doing everything she can to stand in the way of our efforts to improve the economy and create jobs,"" Fitzgerald said. ""The fact that the prosecution didn't even request an amended TRO makes it clear: this is judicial activism at its worst.""
Democratic Assembly Minority Leader Peter Barca, D-Kenosha, applauded Sumi's actions.
""The judge made it abundantly clear on Tuesday that Gov. Walker and his administration, including DOA Secretary Mike Huebsch, should not be implementing Act 10,"" Barca said. ""I believe she made it clear then with her order that stop means stop.""
In her previous TRO, Sumi warned those acting in defiance of a court order placed ""not only themselves at peril of sanctions—they also jeopardize the financial and governmental stability of the state of Wisconsin.""
Barca said Walker and Huebsch had acted ""apparently believing they are above the law. This morning with her added order she has taken away their last excuse.""
