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Why hasn’t Judge Sumi recused herself from the Wisconsin lawsuit?

Posted on March 23, 2011 by Bridget // Hillbuzz, Hypocrisy, The Left, Unions

Judge Maryann Sumi

 

I can’t believe Judge Maryann Sumi is still overseeing the Wisconsin collective bargaining lawsuit.  More and more things are surfacing that show that she clearly has a conflict of interest.

(from Big Government)

Last week Judge Maryann Sumi, one of the most liberal judges in one of the most liberal counties (Dane) issued a temporary restraining order blocking the implementation of the recently passed collective bargaining bill.

Considering Sumi’s son is Jake Sinderbrand,a former field manager for the AFL-CIO and a data manager for the SEIU State Council.  Today he runs Left Field Strategies, a firm that runs political campaigns.  Judge Sumi should have recused herself in this case. A judge must disqualify herself whenever she has a personal bias towards either party in the case. Considering unions employ her son, Judge Sumi has a vested interest in maintaining the union status quo.

The applicable standard when deciding to recuse oneself is whether an average person would think the judge would be biased. In this case, it’s clear that an average person could see the potential for bias. If a judge, like Judge Sumi, refuses to recuse herself she may be subject to sanctions. Additionally, if an appellate court finds a judgment rendered when the judge in question should have been recused, it may set aside the judgment and return the case for retrial.

Before this decision, Judge Sumi already created controversy in the Budget Repair Bill saga when she refused to issue an order forcing striking teachers back to work instead of continuing to spend their work day protesting at the capital.

Today Attorney General J.B. Van Hollen asked the appellate court to set aside the temporary restraining order. The Justice Department said that the Legislature’s own rules trump notice requirements in the open meetings law. One expects they could also call into question Sumi’s conflict of interest if need be.

 

Now it’s being reported that her husband donated to 3 of the senators (aka “The Badger 14″) who fled the state a few weeks back and her son donated to Tom Barrett, the Democratic opponent of Scott Walker.

I’m just thinking that she may not be able to rule on this case in an unbiased fashion.

But…what do I know?

© 2011, Bridget. All rights reserved.

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Bridget

Southern, Christian and Conservative. I love this country and believe in American exceptionalism. Proud HillBuzz writer.

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Tags : Wisconsin collective bargaining public unions

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26 Comments

  • DG in GA says:
    2011/03/23 at 9:33 am  DG in GA(Quote)

    OK, is any of our Hillbuzz family a lawyer? If the judge doesn’t act to recuse him/herself, can’t the attorneys before the court request it? Did they? Is this then automatic grounds for appeal? An appeal that SHOULD be won by the good guys?

    This whole lawsuit is specious at best. And didn’t the Attorney General of Wisconsin bring the suit AGAINST Scott Walker and in favor of the unions? WTF is going on there?

    +0
    Reply
  • Bev says:
    2011/03/23 at 10:19 am  Bev(Quote)

    She looks a lot like that Feinstein lady in California doesn’t she?

    +0
    Reply
    • Suburbanite says:
      2011/03/23 at 2:58 pm  Suburbanite(Quote)

      I thought this woman reminded me of someone! Yes, she does look like Feinstein.

      +0
      Reply
      • Esteban Cafe says:
        2011/03/26 at 10:30 pm  Esteban Cafe(Quote)

        I think she looks more like one of your “American Three Stooges,” maybe “Moe”?

        +0
        Reply
  • GAMom77 says:
    2011/03/23 at 10:23 am  GAMom77(Quote)

    Work in the field and yes, they should know this and use it in the appeal. Has forced many a Judge off a case on the state court level.

    However, don’t know why a recusal was not sought when it first went before her. In matters this contentious, political leanings are the first thing dug up especially when they are the front and center issue.

    +0
    Reply
  • kelly says:
    2011/03/23 at 10:44 am  kelly(Quote)

    Why is anyone shocked?? This bunch does not follow “rules” of any sort. What counts is the end game. That is why conservatives do not know how to fight them, we have a different mind set. That is why this war is going to continue until we have our backs against the wall and then it may be too late. Merely look at the Russian revolution.

    +0
    Reply
  • In DC Troll aka DC Tool says:
    2011/03/23 at 10:50 am  In DC Troll aka DC Tool(Quote)

    She has a lengthy activist history – she needs to be removed from the bench

    Check this out – Judge Sumi’s decision in this case – this should be national news – His Honor Judge Sumi ruled against Wisconsin for trying to – get this! – flag possible fraudulent voters on Wisconsin’s voter roles!!

    Judge Sumi + her SEIU son + SEIU +ACORN = voter fraud (i.e., 2008 Stolen Election)!

    http://moritzlaw.osu.edu/electionlaw/litigation/documents/VanHollen-Order-10-23-08.pdf

    How come the LSM and DEMS scour the entire lives of judges whose decisions they disagree with – while our cocktail party stays silent. The only people who seem to get this right now are of course our Sarah, Allen and Michele Bachmann!

    let the cocktail party know we want them to start thinking and acting like Sarah, Allen and Michelle!

    +0
    Reply
    • kelly says:
      2011/03/23 at 11:02 am  kelly(Quote)

      The R party does not know how to wield power. It scares them. They are always looking for consensus and compromise which basically means nothing. Because if we fight, the LSM will not say nice things about us. You know, sometimes you just have to fight for what is right. If you are not willing to do so, then get out of the way and let somebody who will.

      +0
      Reply
  • NJ Mike says:
    2011/03/23 at 12:08 pm  NJ Mike(Quote)

    Well, because doing so would be honest, ethical and show integrity.
    Each of which is an anathema to the left.

    +0
    Reply
  • Gayle Miller says:
    2011/03/23 at 12:22 pm  Gayle Miller(Quote)

    Chickens DO come home to roost – but sometimes they need a little help. If we make enough noise about this online, we may get some serious traction on this story and force the issue.

    This kind of blatant bias is not to be tolerated.

    +0
    Reply
  • I R A Darth Aggie says:
    2011/03/23 at 12:27 pm  I R A Darth Aggie(Quote)

    Now that the “Badger 14″ are back in Senate, the Senate leadership should bring the original bill back for a vote.

    QED, problem solved.

    +0
    Reply
    • polarizingusa2012 says:
      2011/03/23 at 6:01 pm  polarizingusa2012(Quote)

      I’ve been wondering why on earth Walker and Fitz haven’t already done that? Why didn’t they, as soon as the fleebags came back reintroduced the original bill and put it through (with the proper 2 days notice, or whatever it took). Of course, they’d probably have to lock the doors of congress from the time of the announcement to the passing of the bill to keep the fleebags from leaving again.

      +0
      Reply
      • nat says:
        2011/03/24 at 8:00 pm  nat(Quote)

        Because if they passed it again, the dems would simply bring up a new lawsuit on a different issue related to the bill. Might as well get it over with now.

        There’s a huge supreme court election in WI on April 5th. The unions are heavily funding the campaign of Kloppenburg so that she can tilt the court liberal and rule all the laws of the administration unconstitutional. Anyone in or near WI, please help the GOTV effort to reelect conservative justice Prosser. This will have a huge impact and the unions have a huge GOTV effort already underway. We need to win this one!!!

        +0
        Reply
  • texasrita says:
    2011/03/23 at 12:35 pm  texasrita(Quote)

    I’d think that Gov. Walker has the power to remove her. Or am I wrong?

    +0
    Reply
    • polarizingusa2012 says:
      2011/03/23 at 6:03 pm  polarizingusa2012(Quote)

      I don’t know about that, but I do believe Walker has the power to dissolve the union if he so chose to. I can’t believe that he hasn’t tried using that. I mean, they can gripe all they want about what he IS doing, but all he has to do is remind them that what he COULD have done would have been much much worse than what he DID do.

      +0
      Reply
  • Old One says:
    2011/03/23 at 1:32 pm  Old One(Quote)

    The unions in the case were playing the usual legal game of judge shopping. Perhaps the unions overplayed their hand with the choice of Sumi.

    +0
    Reply
  • DG in GA says:
    2011/03/23 at 2:34 pm  DG in GA(Quote)

    I believe Judge Sumi’s position is an ELECTED position. And considering that she sits in a court in DANE County, WI (Moscow on the Mendota) it’s not surprising that she’d be an unapologetic Socialist and union supporter.

    +0
    Reply
  • qr4j says:
    2011/03/23 at 2:37 pm  qr4j(Quote)

    Just more of the Lefty/Commie/Dem thuggery, this time through a judge. Doesn’t surprise me. Thoroughly disgusts me.

    +0
    Reply
  • Aussie says:
    2011/03/23 at 2:47 pm  Aussie(Quote)

    Chris Christie removed a judge by refusing to give him a further term.

    I do not know how the judge ended up on the bench, but she should not be there and certainly not on that case.

    +0
    Reply
    • kelly says:
      2011/03/23 at 3:22 pm  kelly(Quote)

      States have different rules. Here in CO,the State Supreme Judges are put in by the Gov but can be “elected out” in the normal elections. The same in County courts,,we can deselect even if they have been appointed. However, most people do not pay enough attention to them to ever deselect

      +0
      Reply
    • In DC Troll aka DC Tool says:
      2011/03/23 at 6:55 pm  In DC Troll aka DC Tool(Quote)

      how the judge ended up on the bench? based on the picture we immediately rule out the path a young Barbara Walters allegedly took to the top

      +0
      Reply
  • tafi says:
    2011/03/23 at 9:12 pm  tafi(Quote)

    I’m still busy being amused that her name is Judge SUE-ME. Do they pull these characters out of central casting? The whole situation is fodder for a movie of the week.

    +0
    Reply
    • In DC Troll aka DC Tool says:
      2011/03/23 at 9:24 pm  In DC Troll aka DC Tool(Quote)

      great catch – missed it completely

      we should take that as an invite – or call her Judge Remuvmi or Judge Disbarmi

      +0
      Reply
      • tafi says:
        2011/03/23 at 9:40 pm  tafi(Quote)

        Ha! Love it!

        +0
        Reply
  • Who cares says:
    2011/03/25 at 4:00 pm  Who cares(Quote)

    This is no different than Scalia and Thomas never recusing themselves from a case. In fact, one can almost tell 99% of the time how those two will vote on an issue. If you start recusing judges because of appearance of bias, then Scalia and Thomas can never sit on a case.

    +0
    Reply
    • In DC Troll aka DC Tool says:
      2011/03/25 at 8:36 pm  In DC Troll aka DC Tool(Quote)

      huuhhhh?

      +0
      Reply

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