Wis: Secretary of State La Follette wasn't consulted before AG appealed on his behalf

This keeps getting better and better.

First the assembly tried to vote early to pass this law when Gordan Hintz went ballistic.
http://www.youtube.com/watch?v=m9xi3Of786M

Then they sneak it through the assembly.
http://www.youtube.com/watch?v=Bl-ouE5ScH0&feature=related

Then they violate the open records law...
http://www.youtube.com/watch?v=-t_bXTSlRNc.

State Rep. Peter Barca, D-Kenosha, who was the only Democratic member present at the conference committee meeting, said the ruling "affirms that people have a right to be notified of meetings, to be present, in order to be able to participate in our democracy."

Barca was given just minutes to read a 138-page amended version of the bill before the Republican-controlled committee passed it over his objections.



Originally Kathleen Falk, the Dane County Executive asked Attorney General J.B. Van Hollen to intervene. When he didn't she did file a complaint, now scheduled for a later hearing that a quorum of 3/5 was needed because the collective bargaining issue is a financial in nature.

Then Madison DA Ozanne filed a suit on the open records issue which caused the stay where judge Sumi Ruled "This was something that would and did catch the public unaware," Dane County Circuit Judge Maryann Sumi, saying the joint Assembly-Senate conference committee's action March 9 amounted to a "closed session of a body ... propelling legislation forward."

Sumi's ruling bars Secretary of State Doug La Follette from publishing the law, the last step before it can take effect. La Follette had planned to publish the law on March 25, which would cause it to take effect the following day.

Now Attorney General J.B. Van Hollen's Department of Justice is attempting to appeal Dane County Circuit Judge Maryann Sumi's order blocking implementation of Governor's Scott Walker's budget-repair bill.

The "Petition for Leave to Appeal" filed by the Department of Justice lawyers concludes with the words "Secretary La Follette respectfully requests... an ex parte order granting temporary relief from the TRO entered by Judge Sumi on March 18, 2011..."





But the thing is... nobody asked La Follette about whether he has objection to Judge Sumi's order.




<snip>

The secretary of state says he has not complained about the judge's order.
Indeed, he says, he has already acted in accordance with it, in a move that he says allows him to "fulfill the public trust in my office."

The secretary of state, who delayed publication of the law until March 25 because of his own concerns regarding the legal wrangling over the measure, as well as his desire to help local officials resolve questions and confusion regarding the sweeping measure, said in a statement that "Based on the Temporary Restraining Order entered on March 18, 2011, I have ordered 2011 Wisconsin Act 10 not be published until further notice. This means that the Act will not become law until the present legal issues surrounding the Act are resolved."


more...
http://host.madison.com/ct/news/local/govt-and-politics/article_1cd4920c-541c-11e0-8303-001cc4c03286.html



The way I read it La Follete will not publish the law until the issue is resolved, stay or no stay.


Suck it! J.B. Van Hollen!! THIS IS WHAT DEMOCRACY LOOKS LIKE!!!!




,

exactly what the founders intended. Not ramrodding though controversial legislation under the cover of darkness. Indeed what our democracy should look like.

:hi:

"Can they DO that???" in the past few weeks.

And presenting the petition as coming from the SOS would qualify as a false statement, I think.

http://host.madison.com/wsj/news/local/govt-and-politics/article_872e7154-53e0-11e0-8a0b-001cc4c002e0.html

..............Late Monday, a three-judge panel of the state's Fourth District Court of Appeals asked Dane County District Attorney Ismael Ozanne, who filed the open meetings complaint that led to Sumi's decision, to file a memorandum today on the authority of the judiciary to enjoin the secretary of state from publishing a bill. Ozanne was given until 4 p.m. Wednesday to file any other arguments he wished to make.

Ozanne filed the open meetings complaint last week against four Republican legislative leaders and La Follette, seeking to bar La Follette from publishing the budget repair bill into law, as he had planned to do on Friday.

The state's lawyers argue that the legislative leaders - Assembly Speaker Jeff Fitzgerald, R-Horicon; Assembly Majority Leader Scott Suder, R-Abbotsford; Senate Majority Leader Scott Fitzgerald, R-Juneau; and Senate President Mike Ellis, R-Neenah - are not subject to civil process because they enjoy legislative immunity for 15 days before and after the end or regular sessions.

They also argue that La Follette is immune to lawsuits under sovereign immunity.

Sumi also has no authority to inject herself into the legislative process, which lasts until the bill is published into law, the attorney general's office argued.

...van Hollen's email address. Let him know what you think, please.

mailto:vanhollenjb@doj.state.wi.us