As reported by Yahoo News, having declared that Wisconsin’s divisive union law is not really a law yet, a judge was set to return to one of the underlying questions dogging the measure, whether Republicans violated the state’s open meetings law during the frenzied run-up to passage.

Republican Governor Scott Walker’s administration reluctantly suspended efforts to enact the law after Dane County Circuit Judge Maryann Sumi unexpectedly declared the measure had not been properly published. The move marked another round in a messy legal fight over the law, which requires most public workers to pay more for their benefits and strips away most of their collective bargaining rights.

Democrats and unions have filed three lawsuits challenging the law. Dane County District Attorney Ismael Ozanne’s action has taken center stage so far. He alleges Republicans did not provide the proper public notice when it convened a special committee to amend the plan before its passage.

The judge is scheduled to take more testimony on the open meetings allegations. It’s unclear when Sumi may rule, but any decision almost certainly will trigger a storm of appeals that could stretch to the state Supreme Court.

State Justice Department attorneys contend the Senate’s internal rules trump the open meetings law. Sumi’s authority is limited to constitutional questions; an open meetings violation does not rise to that level, they say. Plus, they argue, Ozanne cannot sue Republican legislators because state lawmakers are immune from civil actions while the Legislature is in session.

The collective bargaining law has been a flashpoint of contention since Walker introduced it in mid-February. Under the law, most public sector workers must contribute more to their pensions and health care, changes that amount to an 8 percent pay cut. The measure also prohibits them from collectively bargaining on all work conditions except wage increases up to the rate of inflation. Walker has said the law is needed to help the state balance a $137 million deficit and give local governments enough flexibility with their employees to withstand deep cuts in state aid coming in the next two-year budget. Democrats see the law as an attempt to weaken unions, which are among the party’s strongest campaign supporters. Tens of thousands of people turned up at the state Capitol for protests that went on for three weeks, and Senate Democrats fled to Illinois to block a vote in that chamber.

To get around that roadblock, Republicans called a special committee meeting on March 9 and stripped the fiscal elements out of the bill, enabling the Senate to vote without the Democrats. The Assembly passed the bill the next day, and Walker signed it into law on March 11.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.