The decision, issued by Judge Maryann Sumi of the Dane County Circuit Court, temporarily bars Wisconsin’s secretary of state from publishing the controversial law, one of the procedural requirements for it to come into effect in the state. Publication had been expected late next week, but Judge Sumi’s ruling delays that until at least March 29, when she plans to hold a full hearing on a lawsuit that questions the validity of the collective bargaining law based on the speedy manner in which it was carried out earlier this month.
An appeal is possible even before then.
Opponents of the measure said they hoped the decision was but the first of many that would ultimately undo a measure that has split the state and has drawn tens of thousands of demonstrators to the state capital over a matter of many weeks. Supporters of the measure, however, said that the judge’s decision was merely a blip, certain to be overturned as various legal efforts make their way fully through the court system.
“This legislation is still working through the legal process,” said Cullen Werwie, a spokesman for Gov. Scott Walker, the Republican who led the measure to cut bargaining rights for public workers, including teachers. “We are confident the provisions of the budget repair bill will become law in the near future.”
The bill, which Mr. Walker signed a week ago, would significantly alter most public-sector union rules, limiting bargaining to matters of wages and limiting raises to changes in the Consumer Price Index unless the public approves higher raises in a referendum. It would end the state’s collection of union dues from paychecks, and would require most unions to hold votes annually to determine whether most workers still wish to be members. Firefighters and law enforcement personnel would be exempt from the changes.
In the lawsuit before Judge Sumi, Ismael R. Ozanne, the Dane County District Attorney and a Democrat, alleges that Republican legislators violated the state’s open meeting requirements — which require 24 hours notice or two hours in emergencies — when they pressed through the bill. Republican lawmakers dominate both chambers in Wisconsin, but had been blocked from passing the measure when Senate Democrats left the state in February, prevented a needed quorum. On March 9, the Republicans unexpectedly called a meeting of a conference committee, changed the law so it would not require a quorum, and hurried it through the Senate. A day later, it passed in the Assembly.
Judge Sumi was first appointed to the court in 1998 by Tommy Thompson, a Republican former governor, then elected in 1999 and 2005. Judicial elections are non-partisan in Wisconsin.