Monday, March 21, 2011

Attorney General Files for Interlocutory Appeal of Judge Sumi's Friday Order.

Supreme Court Candidate Joanne Kloppenburg

Here is the petition for interlocutory appeal filed by the Attorney General today with the Court of Appeals. See my post on this yesterday predicting that this would be the procedure the GOP would follow, and explaining why it was likely to be the Governor's and GOP legislators' approach.  The petition claims that the Legislature's special session ended March 15, but the Legislative Reference Bureau's website says it is still on-going.

I haven't had an opportunity to study the petition in detail yet.  The petition seeks to take the case immediately out of Judge Sumi's hands and have it decided on the current record by the Court of Appeals.  It also seeks to have an emergency order from the Court of Appeals, District 4, which sits here in Madison, lifting the order Judge Sumi issued on Friday barring the Secretary of State from publishing Act 10, the union-busting measure. 

What would be extremely exciting, given the Supreme Court election in April between Justice Prosser and Joanne Kloppenburg would be if the Court of Appeals chose to kick this appeal up to the Supreme Court immediately.  The AG asks as alternative relief that the petition be certified by the Court of Appeals up to the Supreme Court for handling.  What can we expect next, recall petitions for Supreme Court Justices?

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