Madison — Gov. Scott Walker's administration no longer is collecting dues on behalf of state unions and, as of Sunday, is charging employees more for their pensions and health care, even though nonpartisan legislative attorneys say the changes are not yet law. Backing up the administration, the state Department of Justice argued that the new law - which eliminates most collective bargaining for public workers - is in effect and asked a judge to vacate a restraining order against the law. Meanwhile, a Dane County prosecutor asked a judge to declare that the law is not now in place. Highlighting the different legal interpretations, some local governments are not implementing the new law for their employees. Officials with the City of Milwaukee and Milwaukee County said they are waiting for answers from courts before making any changes on benefits and union dues.The Dane County judge who filed the restraining order against the recently-passed bill from Gov. Walker is named Maryann Sumi. It's probably worth mentioning that Judge Sumi refused to order striking Wisconsin teachers back to work and that her son is a career operative for the unions like AFL-CIO and SEIU. More ominously, Judge Sumi issued a statement on Wednesday warning attorneys about their criticisms of how the case was being handled.
Before wrapping up a brief hearing Wednesday, Dane County Circuit Judge Maryann Sumi offered a word of caution to attorneys involved in high-profile lawsuits over collective bargaining in Wisconsin.Some observers consider Sumi's warning very one-sided and note that attorneys are within their rights to criticize the content of a ruling made by a jurist who had decided to insert themselves in the political process.
Sumi said emotions are running high over two cases she is hearing regarding Gov. Scott Walker's plan to eliminate most collective bargaining for public workers. That "spirited debate" is important in a democracy, but attorneys must keep in mind their professional ethics, Sumi said.
"They all have a responsibility to promote and not denigrate the judicial branch and, more importantly, the rule of law," she said.
She advised lawyers to review state Supreme Court rules that say: "A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge...."
She referred to public comments made by attorneys after a Tuesday hearing, but did not elaborate.
Meanwhile two Madison, WI labor unions and Dane County had abandoned efforts to consolidate their complaints over Walker's law after being told doing so would permit the state to bring the case for another judge.
Dane County and two city of Madison labor unions, AFL-CIO Local 236 and Firefighters Local 311, sought to consolidate their separate complaints over the act.Meanwhile, the American Federation of State, County & Municipal Employees (AFSCME) circulated a letter threatening a boycott of local businesses that decline to display signs the union is passing out that prominently feature the AFSCME logo on the bottom half.
Attorneys for the plaintiffs asked the state to agree not to seek a substitution of judges before moving forward. But Judge Maryann Sumi said the defendants did not have to bind themselves to that commitment. The motion was then withdrawn.
Sumi also agreed with state attorneys that the motion to combine the cases was likely premature and cautioned attorneys in all cases related to the budget repair bill about their public comments when emotions are running high.
"They all have a responsibility to promote and not denigrate the judicial branch, and more importantly, the rule of law," Sumi said.
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