Wednesday, March 30, 2011

State Of Wisconsin To Continue To Implement Union Law

From madison.com: State officials have not stopped putting in place changes to collective bargaining rules for public employees despite a judge's order barring the law's implementation — and a threat of sanctions against anyone who violates it. Department of Administration Secretary Mike Huebsch said Wednesday he has a legal obligation to implement all laws passed by the Legislature, signed by Gov. Scott Walker and published into law. Huebsch said the Department of Justice and his own legal counsel, a team of DOA attorneys, agree the measure has met those requirements "and is now effective law." "It is my duty to administer that law," he said. Huebsch's latest comments raise questions about whether he or others could face sanctions following a hearing Tuesday, when Dane County Circuit Judge Maryann Sumi said any further implementation of the law is prohibited under a temporary court order. "Now that I've made my earlier order as clear as it possibly can be, I must state that those who act in open and willful defiance of the court order place not only themselves at peril of sanctions, they also jeopardize the financial and the governmental stability of the state of Wisconsin," Sumi said Tuesday. Sumi was referring to a March 18 ruling that a legislative committee likely violated the state's open meetings law when it rushed passage of the bill earlier this month. That order also barred Secretary of State Doug La Follette from publishing the law. But the nonpartisan Legislative Reference Bureau, which was not a party to the case, published the law on the Legislature's website Friday citing a separate statutory obligation to publish laws within 10 days of being signed by the governor. That has prompted the administration to declare the law is in effect. http://host.madison.com/wsj/news/local/govt-and-politics/article_195e7dd0-5b20-11e0-83bb-001cc4c002e0.html I'm torn on this. I think the judge was completely wrong in her ruling. She had no jurisdiction, her reasoning was just plain stupid and clearly she was a partisan hack judge who was looking for headlines. On the other hand, there has to be some respect for the courts, regardless how awful the judge is. What if criminals decided to act like Walker's administration? there would be chaos. same with civil courts and their orders. It just turns the court system into chaos. Clearly, the judge in this case is overreaching and was prejudiced in the case even before the case got to her and if this is true, then the Walker should have gone to the Appeals Court for a stay of the injunction. But then, the Appeals Court booted it up to the Wisconsin Supreme Court, which has not decided if it will take the case. So, I do sympathize with Walker because the courts are not acting professionally and in a timely manner. So I guess my stance unless the appeals courts get their act together and hear the case soon, I don't blame Walker from implementing the law, but I am extremely uncomfortable about them doing it.

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