The Wisconsin Court of Appeals referred Dane County Circuit Judge Maryann Sumi's decision to delay the publishing of the budget repair bill to the Wisconsin Supreme Court Thursday.
Last Friday, Attorney General J.B. Van Hollen filed an appeal to Judge Sumi's ruling that several Republican lawmakers violated state Open Meeting Law when the amended bill was passed in the state senate March 9.
""Because this appeal presents significant issues, we believe that the Supreme Court is the proper forum for it,"" the Court of Appeals said in a brief.
Assembly Minority Leader Peter Barca, D-Kenosha, said it was good the courts were taking the alleged violation of the Open Meetings Law seriously.
""Our goal here is transparency and openness in government,"" Barca said in a statement.
Dane County Executive Kathleen Falk praised the Court of Appeals' action to uphold Sumi's decision until ""important legal questions are answered.""
""These questions stem from a legislative process in which open government rules were blatantly broken and … people's trust in their democracy was diminished,"" Falk said in a statement.
Political Science Professor Charles Franklin said the ruling did not favor Republicans or Democrats but rather reveals the lower court's ambiguity in what is constitutional.
However, the Republican Party of Wisconsin showed concern about the case going to the Supreme Court. They said in a statement Chief Justice Shirley Abrahamson receives much of her campaign money from unions, which would influence her decision.
""Chief Justice Abrahamson has been quick to side with those who perpetuate the notion that campaign donations have affected the judgment of her colleagues,"" RPW Executive Director Mark Jefferson said.
Franklin said the Supreme Court's decision will decide ""whether a court can enforce the open meetings law against the legislature.""
Since protests started in opposition to the budget repair bill, people on both sides of the aisle have argued democracy is on their side.
""It makes it more clear that it's uncertain which way the law should go,"" Franklin said.
