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DOJ Files Original Action in the State Supreme Court to Challenge Judge Sumi's Injunction Ruling


MADISON - This afternoon, the Department of Justice, on behalf of the State of Wisconsin and Secretary of the Wisconsin Department of Administration Michael Huebsch, has filed a Petition for Supervisory Writ directly with the State Supreme Court challenging Dane County Circuit Court Judge Maryann Sumi's Temporary Restraining Orders and other actions in State of Wisconsin ex rel. Ismael Ozanne . Fitzgerald, et al., Dane County Case No. 11-CV-1244. In the action filed today, the Wisconsin Department of Justice is asking the State Supreme Court to take jurisdiction over the matter, order dismissal of the claims asserted in the Dane County Circuit Court action and to vacate the Circuit Court's Temporary Restraining Order.


A Petition for Supervisory Writ is not a direct appeal from a circuit court order. Instead, it invokes a unique procedure for commencing a new, direct action with the Supreme Court pursuant to Wis. Stat. 809.70, when it is claimed that a judge has exceeded his or her lawful authority. An original action may be brought by any person affected by the judge's action.


The Legislators named as Respondents in the petition have been made parties pursuant to the applicable procedural rules. However, no relief is being sought against them.


Joining Assistant Attorneys General Maria Lazar and Steven Kilpatrick are attorneys Eric McLoed, Joseph Olson and Michael Screnock of Michael Best & Friedrich LLP, which has been appointed by the Governor to assist the Department of Justice in connection with this action.


A copy of the Petition for Supervisory Writ is available at: