Judge Declares Act 10 Has Not Been Published And Is Not Effective Yet
On March 31, 2011 Dane County Circuit Court Judge Maryann Sumi filed an amended temporary restraining order in which she declared that Act 10 (the Budget Repair Bill) has not been published as required by state statute and is, therefore, not in effect. Based upon Judge Sumi’s order, local governments should not implement the provisions of Act 10, including the new withholding requirements for WRS contributions affecting employees, until an appellate court rules on whether Judge Sumi’s order is appropriate. The state has appealed Judge Sumi’s initial temporary restraining order to the Court of Appeals who, in turn, certified the issue to the Wisconsin Supreme Court last week. The Supreme Court has not yet indicated whether it will hear the appeal, although we expect the Court will take up the case in the near future. Further hearings are scheduled for April 1, 2011 in Judge Sumi’s court to hear testimony on the case filed by Dane County District Attorney Ismael Ozanne to stop the Secretary of State from publishing Act 10 based upon the Legislature’s alleged violation of the Wisconsin Open Meetings Law during the passage of Act 10. We will keep you posted on the status of Act 10 as the litigation makes its way through the court system.