A Dane County judge could decide if a second lawsuit against passage of the budget repair bill will be allowed to proceed. Attorneys for the state Department of Justice argued in court Wednesday that the lawsuit filed by outgoing Dane County Executive Kathleen Falk should be dismissed because the law has not yet taken effect.

Enactment of the bill has been blocked by another lawsuit brought by the Dane County District Attorney. Judge MaryAnn Sumi, who issued the order blocking implementation of the law, is also hearing the lawsuit from the County Executive.

Both lawsuits are similar in their claims that the committee that advanced the bill making changes to the collective bargaining right of public workers violated the open meetings law. Falk’s lawsuit also argues the law is unenforceable because Democrats were not present for the vote.

Judge Sumi is expected to make a ruling by the end of the week.

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