Judge Sumi, the Wisconsin judge that ordered Wisconsin’s Secretary of State Doug La Follette to not publish Wisconsin’s new collective bargaining law, is upset because she screwed up. This article does a nice job outlining Judge Sumi’s mistake:

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 wasn’t 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.

I can’t help but highlight the unions’ lawyering was sloppy, too. Their omitting the Legislative Reference Bureau from their TRO application is stupefying. It’s the unions’ attorneys’ responsibility to stop the law from being published. That means knowing that the Legislative Reference Bureau had the affirmative legal obligation to publish the law.

Judge Sumi can’t change her ruling after the fact. Her TRO didn’t mention the Legislative Reference Bureau. Joining them to her ruling after her initial ruling would essentially represent Judge Sumi arguing against her own ruling.

At this point, the unions’ attorneys are a laughingstock. They didn’t do their proper research. Had they done their research, they would’ve found out that the Legislative Reference Bureau also publishes the laws. At that point in their due diligence, they could’ve added the LRB to their TRO.

Any attempt by Judge Sumi or the union attorneys to change her ruling to include the LRB would almost automatically trigger a due process appeal. If a due process appeal is made, that appeal isn’t a Wisconsin state court matter because due process rights are part of the federal Constitution. That means that potential lawsuit would be decided by SCOTUS.

The minute this litigation leaves the unions’ home court of Wisconsin state courts, they’re history.

If Judge Sumi or the Wisconsin Supreme Court cared about Wisconsin state law, this case would’ve been history by now. Wisconsin’s open meetings laws don’t apply to special sessions. That’s what the legislature was operating in.

This is long-settled law. If the unions don’t like Section 19.87, their remedy is to get legislation written, passed and signed into law. In fact, this lawsuit should’ve been thrown out before the hearing.

Judge Sumi doesn’t have the right to ignore the laws she doesn’t like. Writing new laws that support her policy preferences isn’t administering justice. It’s the opposite of justice because it substitutes codified law with personal preferences.

Her attempt to skirt this law is proof that she’s unfit for the bench. Society can’t tolerate jurists who ignore laws they don’t like. That’s a form of low-profile anarchy.

It isn’t even-handed justice.

Technorati: , , , , , , , , , ,

2 Responses to “Judge Sumi vs. Secretary Mike Huebsch, Judge Sumi”

  • walter hanson says:


    Keep in mind she’s trying to stall until April 5 when she expects a rational Wisconsin supreme court judge to be kicked out to replaced by a liberal that will support the left.

    She’ll look even more silly when it does get held up as legal since that rational judge won’t be kicked off the bench.

    Walter Hanson
    Minneapolis, MN

  • Gary Gross says:

    Word is that they’re expediting the case.

Leave a Reply