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Posts Tagged ‘Dane County District Attorney Ismael Ozanne’

WI Update: Operation Badger Justice~ Anti-Union Bill Restraining Order now INDEFINITE!

Daily Kos- by invisiblewoman

Fri Apr 01, 2011 at 05:20 PM EDT

From Mr. Fantastic and the Invisible Woman comes this sweet tidbit of joy, courtesy of Wispolitics:

Bargaining bill restraining order remains in effect; DA rests case Judge Maryann Sumi’s temporary restraining order against the implementation of the collective bargaining bill will remain in effect indefinitely.

The plaintiff in the case, Dane County District Attorney Ismael Ozanne, rested his side of the case this afternoon, but Sumi said she could not set a date to take more testimony because the GOP legislators named as defendants in the case are still covered under legislative immunity.

Assistant AG Maria Lazar had asked for the restraining order to be vacated, arguing the hearing could not conclude without the participation of defendants Senate Majority Leader Scott Fitzgerald, Senate President Mike Ellis, Assembly Speaker Jeff Fitzgerald and Assembly Majority Leader Scott Suder.

But Sumi said that just as those lawmakers are entitled to their day in court, they are also not entitled to the suspension of the current restraining order.

“It remains in effect until further order of the court,” Sumi said, adding that she doesn’t know when that will be. The judge said the defendants in question could waive their immunity, allow their attorneys to move forward without them or wait until their immunity expires.

Bob Jambois, attorney for Assembly Minority Leader Peter Barca, responded that if those lawmakers “find this to be an inconvenience,” they would still be able to pass the bill again with 24 hours notice of a conference committee hearing and legislative sessions.

Sumi requested briefs from both sides on seeking declaratory judgment, the nature of indispensible parties in the case and time limits for service of process while immunity is in effect. That brief is due April 25 for the district attorney’s office, followed by defendants’ briefs on May 16 and a reply from the DA on May 23

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Scott Walker And Wisconsin Republicans Face Legal Battles Over Bill

Politicususa- By Sarah Jones
March 17, 2011

In the aftermath of his Draconian power grab, Governor Scott Walker has been smirking his way though celebratory dinners and being slapped on the back by national Republicans who whisper “Vice Presidential material” to him through the decayed orifices of their corporate mouths. Scott’s pleasure with himself is evident to all who are forced to watch this soulless Koch logo preen his way through a press conference.

But back in his home state, things don’t look very good for Scotty. Numerous lawsuits have been brought against Walker’s anti-union bill, the most important one of which calls for the bill to be voided. After reading numerous complaints, the Dane County District Attorney Ismael Ozanne believes the Republicans violated the open meeting law of Wisconsin. He further requests a stay on publishing the bill until the court can hear these matters. In addition, several other suits have been brought against the Republicans for violating open meeting laws and passing a financial bill without the necessary quorum.

After receiving at least five complaints regarding the Republicans’ alleged violation of the open meeting law, the DA filed a lawsuit. The suit alleges that in the March 9 meeting during which Republicans passed Walker’s anti-union bill, killing collective bargaining, the special legislative committee (consisting of Senate Majority Leader Scott Fitzgerald of Juneau, Senate President Mike Ellis of Neenah, Assembly Speaker Jeff Fitzgerald of Horicon and Assembly Majority Leader Scott Suder of Abbotsford) violated the Wisconsin Open Meeting Law in several ways.

Firstly, the Republicans claimed they were in an emergency meeting and thus exempt from giving notice as required by open meeting law, but the DA found they do not meet the requirements for an emergency meeting. Secondly, Republicans claimed that Senate rules overrode the state law, but the DA determined that because they had both the assembly and the Senate in the meeting, the Senate rules do not apply. Thirdly, the Republicans held the meeting at a time when they restricted access to the Capitol to the public (as well as lawmakers) as well as holding it in a tiny room where there was no room for the public.

MORE HERE

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