MADISON (WKOW) -- A state appeals court is denying the Department of Justice's request to withdraw an appeal it made to a lower court's order barring Secretary of State Doug La Follette from publishing Gov. Walker's budget repair bill.
On Tuesday, the 4th District Court of Appeals says it lacked the authority to withdraw the appeal. The appeals court says it's waiting to hear whether the state Supreme Court will take up the case.
The Justice Department asked the court to withdraw the appeal Monday, saying the issues are now moot because the Legislative Reference Bureau published the law on a website Friday and it is now in effect.
Dane County Circuit Judge Maryann Sumi called a hearing today 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.
Tony Galli is at the hearing and will have updates on this developing story on WKOW.com and on 27 News as it becomes available.