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Appeals Court rejects DOJ request in union case

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Wisconsin Gov. Scott Walker
Wisconsin Gov. Scott Walker signs a bill at a ceremonial event Friday, March 11, 2011, in Madison, Wis. Gov. Walker signed into law the controversial bill that eliminates most union rights for public employees, delivering an epic defeat to the U.S. labor movement which vowed to fight back.
AP Photo/Morry Gash

MADISON, Wis. (AP) - A state Justice Department attorney tells a judge a district attorney hasn't properly brought a lawsuit challenging the state's contentious collective bargaining law.

Dane County Circuit Judge Maryann Sumi called a hearing Tuesday to weigh District Attorney Ismael Ozanne's lawsuit alleging Republican legislative leaders violated Wisconsin's opening meetings law during debate on the proposal. She already has issued an emergency order blocking the secretary of state from publishing the law.

The Legislative Reference Bureau published the law on Friday anyway. Ozanne wants Sumi to declare that didn't amount to putting the law into effect.

Assistant Attorney General Maria Lazar told Sumi in her opening statements the hearing shouldn't continue because the Republican legislators enjoy immunity from lawsuits and the reference bureau isn't a party in Ozanne's lawsuit.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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Wisconsin Gov. Scott Walker
Wisconsin Gov. Scott Walker signs a bill at a ceremonial event Friday, March 11, 2011, in Madison, Wis. Gov. Walker signed into law the controversial bill that eliminates most union rights for public employees, delivering an epic defeat to the U.S. labor movement which vowed to fight back.
AP Photo/Morry Gash