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You are here: Home / Crime / Courts / State begins appeal of restraining order

State begins appeal of restraining order

March 21, 2011 By Andrew Beckett

The Department of Justice has started the process of appealing a restraining order that blocks enactment of the budget repair bill.  A Dane County Judge issued the order on Friday, which indefinitely blocks the Secretary of State from publishing the law.

The decision came from a lawsuit filed by the Dane County District Attorney that claims the budget repair bill, which strips most public employees of collective bargaining rights, was passed through a committee that violated the open meetings law.

The order was intended to keep the law from taking effect until the case is being decided. Another hearing has been scheduled for March 29th, which is four days after the deadline for the Secretary of State to publish the law.

The Department wants the District Court of Appeals to determine if the circuit court has any jurisdiction over lawmakers or the Secretary of State, can interfere with the legislative process, and can void a law simply because of an open meetings violation.

DOJ is also calling for the court to stop the temporary restraining order while the appeal is under way.

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Filed Under: Crime / Courts, Legislature



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