Dane County judge strikes down collective bargaining law
By Jason Stein, Patrick Marley and Don Walker of the Journal Sentinel
Updated: May 26, 2011 1:02 p.m.
Madison - In a move that hastens a larger showdown, a Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.
In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would overturn the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9. The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.
On March 18, Sumi had placed a temporary hold on the law, but Thursday's ruling voided it entirely - at least until the Supreme Court decides whether to act in the case.
"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.
Ozanne sued to block the law after Assembly Minority Leader Peter Barca (D-Kenosha) filed a complaint saying that GOP legislative leaders had not given proper notice to the public in convening a conference committee of lawmakers from both houses to approve Walker's budget-repair bill.
Steve Means, the No. 3 official at the state Department of Justice, said the agency and GOP Attorney General J.B. Van Hollen have been surprised at Sumi's handling of the case, and in a letter Wednesday agency attorneys asked whether Sumi would recuse herself from it.
"Obviously, we're disappointed in the ruling. We do think it reflects a number of legal errors, but it's for the appellate courts at this point," Means said.
Means said courts have no authority to overturn the acts of lawmakers except as granted by the state constitution. He said that Sumi had made her decision without holding a trial or making clear beforehand that no trial would be held.
In that decision, Sumi appeared to be bracing for an outcry from Republicans and supporters of the law, noting that judges are supposed to apply the law even if their decisions will be "controversial or unpopular."
Sumi wrote that Ozanne showed by "clear and convincing evidence" that the open meetings law had been violated and that past lawmakers had intended for their actions to be bound by that law. She also said that the law carried a constitutional force because the state constitution says the doors of the Legislature must remain open when lawmakers are in session.
"The Legislature and its committees are bound to comply with the open meetings law by their own choice. Having made that choice, they cannot now shield themselves from the provisions that give the law force and effect," wrote Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.
Senate Majority Leader Scott Fitzgerald (R-Juneau) responded in a statement. "There's still a much larger separation-of-powers issue: whether one Madison judge can stand in the way of the other two democratically elected branches of government. The Supreme Court is going to have the ultimate ruling, and they're still scheduled to hear the issue on June 6. This overdue reform is still a critical part of balancing Wisconsin's budget."
Ozanne agreed that the court case is still far from settled.
"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."
In a letter sent to Sumi Wednesday, state Department of Justice lawyers questioned Sumi's decision to file a brief on May 18 with the high court. State Department of Justice lawyers said that Sumi's brief had taken positions on key issues before Sumi in the Ozanne case, such as whether a court can prevent legislation from taking effect.
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