Judge blocks state from publishing budget repair bill

MADISON, Wis. (WSAU) – A temporary restraining order blocking the secretary of state from publishing a controversial budget repair bill will remain in place, a Dane County judge ruled Friday.

Judge Maryann Sumi said the order would continue either until Republican lawmakers named in the lawsuit waive legislative immunity or until immunity ends. Lawmakers are immune from civil litigation while the Legislature is in session or until 15 days after the session. It is unclear whether immunity expires at the end of the current floor session, the special session or their term in office.

Sumi heard testimony on the suit from Dane County District Attorney Ismael Ozanne who claims a joint legislative committee approved the budget repair bill in violation of the state Open Meeting law.

Senate Chief Clerk Robert Marchant said his chamber acted properly in passing the law on March 9th, because Senate rules allow some meetings without public notice. He said the Senate’s rules trump the Open Meeting Law, which requires a two-hour notice of public meetings at the very minimum.

But Ozanne said the first legislative action was from a joint conference committee made up of both Senate and Assembly members. And he said joint committees have no special public notice rules of their own.

Majority Republicans called the conference committee meeting with less than two hours’ notice.

Assistant attorney general Maria Lazar said the issue should not be considered because the courts don’t have authority to interfere with bills before they’re published – lawmakers are immune from civil penalties – and lawmakers who are not at the proceeding are being denied their right to due process.

But Sumi didn’t buy any of those objections and let the hearing continue.

The Walker administration stopped implementing it until the court action is complete.

Sumi has noted in the past that Republicans can always pass the law a second time with proper notice. But political observers say the GOP doesn’t want the protestors to come back – and they don’t want to jeopardize the eight Republican senators who now face recall efforts.