Judge Sumi Strikes Down Act 10, Collective Bargaining Reforms Thwarted

MacIver News Service | May 26, 2011

[Madison, Wisc…] The judge who had been blocking implementation of Wisconsin’s public employee collective bargaining reforms has now struck down the law altogether, saying legislative Republicans failed to give proper notice before acting on the bill in committee.

Dane County Circuit Court Judge Maryann Sumi issued her ruling Thursday, writing that the law is voided because lawmakers failed to provide proper public notice of a Conference Committee meeting wherein the bill was amended.

“The court must consider the potential damage to public trust and confidence in government if the Legislature is not held to the same rules of transparency that it has created for other governmental bodies,” Sumi wrote.

Republicans argued that the Legislature, when in Special Session, is not bound by the law requiring a broad public notice.

“This was not the case in which proper notice was missed by a few minutes or an hour,” Sumi wrote.

However, GOP lawmakers asserted they did provide the minimum two hour notice justified by the the ‘good cause’ provision of the statutes, even though that was also unnecessary.  Sumi disagreed.

“Act 10 was passed and signed into law in accordance with the rules of the state legislature,” said Assembly Speaker Jeff Fitzgerald. “I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law.”

Republicans are expected to immediately appeal the decision. Since an appeal would likely take time to be heard, they may also move to pass identical provisions as a part of the biennial budget next month.

“This overdue reform is still a critical part of balancing Wisconsin’s budget,” said Senate Majority Leader Scott Fitzgerald (R-Juneau). “Republicans are keeping the promises we made to balance the budget, hold the line on government spending, create jobs and improve the state’s economy.”

The Legislature’s Joint Finance Committee is currently debating the budget and is expected to finish their work and send the bill to the full legislature next week.

MacIver News Service’s Bill Osmulski reports from Madison.

  • Illinois hotels best prepare for another influx of Democratic WI legislators trying to escape their legislative responsibilities yet once again. What a shamelessly unprincipled lot. They make any man sick to his stomach.

  • John Detwiler

    You hit the nail on the head jdelany3. The Democrats should be ashamed of themselves, the way they acted previously in the matter. But what can you expect from a bunch of liberal….(Sorry I can\’t use the words that will adequately discribe the contempt I feel for them)
    The Governor should call an immedate special and with the majority pass another identical law with the provisions that the Activist and liberal judge said were not met inthe previous secession. In fact according to the Us constitutionand also the WI constitution she truthfully had no standing in the matter and this should be addressed in the appeal to The State\’s Supreme Court. These activiest Judges are to much into themselves by making laws to suit their narrow opinions.

  • Rick in Seattle WA

    Clearly the Judge is beholding to both the Unions and the Left, if this Judge were a true Jurist, she too would come to realize that no where in the Constitution does it say Collective Bargaining SHALL be Law, further, it is not Law. Collective Bargaining is however a huge mistake. When Government Employees, those that are to serve the Public make more in Benefits, Salaries, not to mention the cush jobs, there is something wrong with our society.

    Unions are Corrupt, the average citizen realizes it which is exactly they have been losing membership, that is until they courted Illegal Immigrants and Government Workers.

    Liberals chose to leap into bed with the Unions, they then add the likes of ACORN and Planned Parenthood, wow what an affilliation to be proud of.

    I get questioned why I left the Democratic Party, I didn\’t leave them, they left me when they decided to get into bed with any organization or individual that could muster votes, Dead or Alive.

    Recall all Judges that fail to meet the standards of their office, problem solved…

  • Ed

    This is just another liberal Judge that thinks she is above the rest of us and I agree 100% with Rick that she is in bed with the unions. She really doesn\’t give a darn about the state of Wisconsins\’ finanical problems that the previous Demecroats have left the state due to its uncontrollable spending. She is 100% against the citizens of Wisconsin and should be removed from her position, packaged up and sent to Obama because she would fit in perfect with all the corruption taking place in Washington. While we are at it, lets send those 14 Senitors that ran off to Illinois along with her. They sure aren\’t true patriots loyal to Wisconsin.

    God Bless Wisconsin and God Bles America!

  • Rick in Seattle WA

    If this Judge was for real, she would have held those Democrats accountable, held the in Contempt for leaving the state. They should all have been held accountable. This judge should now be held accountable and removed or at the very least sanctioned.

  • Ridge Runner

    The problem is too many people have lost their way and are not honest with them selfs and their dealings with their fellow man.They have forgotten the golden rule or was never taught it.Did any one on here see the story of the man that made a mistake in setting the price of gas on the pumps and he lost over 21,000.00 befoer it was corrected.I went in a store to day and bought some stuff the man said 11.74and i gave him a 20.00 bill and .74. He gave me back a 10.00 bill and i called his attention to it gave him the 10.00 back and he gave me 9.00 back.I told him i would treat him like i wanted to be treated and told him i just wouldn\’t feel right about it if i took advantage of the situtation.That is what is wrong with our governmentthere is just too many in it that can\’t trust their right hand in their left pocketand you can\’t trust them.

  • Greg the Electrician

    The Judge\’s husband is a high official in the unions there. Her son is also a representative in the union.

  • 4gsltw

    Removed–period.

  • R. Hurt

    I hope that this judge gets what she deserves-ridden out of her position and sent back home-no pay and no retirement-as well as having to be voted into any future position-then she will hear the disgusted atmosphere that she has created. The judges are now stealing our freedoms and committing Sedition against State and US Constitutions. It should be that all judges have to be elected and re-elected every 2 years by the people into the Judgeships-as well as having recall quality checks so that the voters can clear out all of the Socialist agended Judges.

  • How interesting!! How do you spell \”conflict of interest\”. As our idealogical divide widens, respect for the law dwindles. When the left can\’t win at the polls, they resort to threats and intimidation of elected officials. When that fails, there are the friendly leftist judges who are all to willing to subvert the will of the people. The judge should should have recused herself from this case. Oh yes!! I know. That\’ll happen on the day that it snows in hell.