Judge Sumi Loses Her Patience - Declares WI Act 10 as Unpublished

Pressed by an Administration that insisted on squeezing through every potential loophole, Dane County Circuit Judge Sumi released a third restraining order declaring WI Act 10 as unpublished. She repeats her earlier TRO language and adds:

FURTHER, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011 evidentiary hearing, it is hereby DECLARED that the 2011 Wisconsin Act 10 has not been published within the meaning of Wis. Stats. 991.11, 35.095(1)(b) and 35.095(3)(b), and is therefore not in effect.
SO ORDERED this 31st day of March 2011, at 8:15 am.

For my own tastes, I would think she would have been better served using language specifying that this TRO was to preserve the status quo pending the completion of testimony on tomorrow's hearing.

There was a bit of urgency in stopping what could be a runaway train - but more restraint in the language would serve this judge well.

I fully expect, despite their assurances that they'll fall in line, the administration is going to press hard on the WI Supreme Court to intervene at the earliest possible opportunity.

Honest to Pete... what next?

Seriously.

Late Edit: Also, for people interested in the legal wrangling over the publishing statutes, illusory tenant offers a great summary of the relevant bits.

And people interested in the relevant caselaw being bandied about concerting whether or not a judge can meddle in these affairs - I'd go no further than the WI Court of Appeals referral of the case to the WI Supreme Court. They list four cases that are pertinent and nicely summarize each of them.


(H/t The Wheeler Report, obviously)