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More Fun at the Capitol

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More Fun at the Capitol

Postby Cameron Connors » Thu Sep 12, 2013 10:32 am

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Re: More Fun at the Capitol

Postby Zoti Bemba » Thu Sep 12, 2013 12:56 pm

Laws are only for the little people -- the DOJ said so!

I guess this puts J.B. Van Hollen solidly in the Walker-tool camp, if anyone still had any doubts. How dare a small money corporate person demand any sort of legal accountability from a big money corporate person? The nerve of some corporate people!
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Re: More Fun at the Capitol

Postby acereraser » Thu Sep 12, 2013 1:07 pm

The purpose of the process server is to ensure someone has been properly notified of a lawsuit, right? So in the digital age, this is still only accomplished by physically touching papers to someone's hands? If the target wears gloves, can they be served? What about oven mitts?

Seems a little unsavory and clownish that a state legislator would knowingly try to hide from the legal process, and even more so that the State Dept. of Justice would advise that course of action.
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Re: More Fun at the Capitol

Postby jman111 » Thu Sep 12, 2013 1:30 pm

acereraser wrote:Seems a little unsavory and clownish that a state legislator would knowingly try to hide from the legal process, and even more so that the State Dept. of Justice would advise that course of action.

Exactly, on both counts.
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Re: More Fun at the Capitol

Postby Francis Di Domizio » Thu Sep 12, 2013 2:10 pm

It's an odd reaction to say the least, even if the DoJ did advise them to not accept a service, once you touch it (and I believe it has to be in your possession, gloved, mittened or bare handed) you're served and you really can't legally undo that by chasing the messenger down and giving the paperwork back.

I'm actually really confused as to why the DOJ would advise them not to accept it in the first place. It's one thing as a private citizen to hide out from being served, an elected official is pretty easy to track down though. And I think once enough attempts are made it doesn't really hinder the lawsuit anyway.
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Re: More Fun at the Capitol

Postby TheBookPolice » Thu Sep 12, 2013 2:20 pm

There's no physical contact requirement in Wisconsin.

801.14  Service and filing of pleadings and other papers.

(2) Whenever under these statutes, service of pleadings and other papers is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party in person is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy or by mailing it to the last-known address, or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this section means: handing it to the attorney or to the party; transmitting a copy of the paper by facsimile machine to his or her office; or leaving it at his or her office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission. The first sentence of this subsection shall not apply to service of a summons or of any process of court or of any paper to bring a party into contempt of court.

(emphasis mine)
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Re: More Fun at the Capitol

Postby HawkHead » Thu Sep 12, 2013 4:10 pm

Wow, what fine upstanding citizens we have at the Capitol.

Serving can be quite a game of trying to embarrass the person being served.

I was once served on Christmas Day in the afternoon at my house. The case was discharged with prejudice 3 months later after threat and filing of a frivolous lawsuit motion with the court by my lawyer.

I wished the processor a Merry Christmas because it was his job and the person who filed the lawsuit, I am sure, paid extra to try and ruin my Christmas Day.
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Re: More Fun at the Capitol

Postby snoqueen » Thu Sep 12, 2013 7:27 pm

I loved how that woman from the process server company bitched out Lazich's staff. She's exactly right. The server is there to do a job and what the papers are being served for is not the business of the server. Accept the service and be polite about it.

Can't wait to see what Lazich is hiding in her ALEC file.
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Re: More Fun at the Capitol

Postby wesconsin » Thu Sep 12, 2013 7:37 pm

The thing that infuriates me the most about this kind of stuff, is that the majority of citizens will never hear about this. Or they will hear about it from their puppet masters who spin it to be completely filled with falsehoods.
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Re: More Fun at the Capitol

Postby alpuz » Thu Sep 12, 2013 8:23 pm

snoqueen wrote:I loved how that woman from the process server company bitched out Lazich's staff. She's exactly right. The server is there to do a job and what the papers are being served for is not the business of the server. Accept the service and be polite about it.

Can't wait to see what Lazich is hiding in her ALEC file.


It was Sen. Leah Vukmir. I believe she's been promoted within the ALEC ranks.

"Vukmir staff members had been told by the state Department of Justice not to accept service in the case, Rostan said. Department of Justice officials couldn’t be reached Wednesday night. Vukmir didn’t return phone calls or emails seeking her comment."

First Suder couldn't be reached in the Wisconsin Sportsman debacle, now DOJ officials 'couldn't be reached.'
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Re: More Fun at the Capitol

Postby alpuz » Thu Sep 12, 2013 8:31 pm

wesconsin wrote:The thing that infuriates me the most about this kind of stuff, is that the majority of citizens will never hear about this. Or they will hear about it from their puppet masters who spin it to be completely filled with falsehoods.



Headline at WEAU up in West Central Wisconsin today was "Walker's veto of sportsmen grant saved $28 million"

Yep, that's what's being spun up north.
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Re: More Fun at the Capitol

Postby DCB » Thu Sep 12, 2013 9:46 pm

alpuz wrote:"Vukmir staff members had been told by the state Department of Justice not to accept service in the case, Rostan said. Department of Justice officials couldn’t be reached Wednesday night. Vukmir didn’t return phone calls or emails seeking her comment."

First Suder couldn't be reached in the Wisconsin Sportsman debacle, now DOJ officials 'couldn't be reached.'

And don't forget the redistricting fiasco, which they outsourced to a private law firm, and refused to turn over the details, despite a court order.

Its pretty bizarre.
"I think the attorney general's position is a radical misinterpretation of that provision" of the constitution, Crawford said.

"I've never heard a legislator asserting they're above the law, which is what she's doing. You have to wonder what she's trying to hide."

http://www.jsonline.com/news/statepolit ... 08311.html

The entire Wisconsin GOP is trying to hide the fact that they're selling off the state.
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Re: More Fun at the Capitol

Postby alpuz » Thu Sep 12, 2013 10:37 pm

Thanks for the link. I probably wouldn't have heard about this otherwise. Librul media and all.
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Re: More Fun at the Capitol

Postby snoqueen » Fri Sep 13, 2013 8:56 am

You're right, I mixed Lazich and Vukmir up. This is because I can't stand either one of them.
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Re: More Fun at the Capitol

Postby lukpac » Fri Sep 13, 2013 9:43 am

DCB wrote:http://www.jsonline.com/news/statepolitics/process-server-says-senators-aide-pushed-him-down-b9996911z1-223508311.html


This is really the meat of the article:

State Sen. Leah Vukmir is trying to sidestep an open records lawsuit by claiming she can't be sued while in office — a legal argument that, if successful, would let all lawmakers ignore the open records law.

The liberal Center for Media and Democracy sued Vukmir (R-Wauwatosa) in June contending she had violated the open records law by not turning over records related to her involvement with the American Legislative Exchange Council. ALEC works with corporations and conservatives to write model legislation that can be introduced in state legislatures throughout the country.

On Wednesday, Vukmir filed a motion in Dane County Circuit Court arguing she is immune from lawsuit while she remains in office. The motion was filed on her behalf by Republican Attorney General J.B. Van Hollen's Department of Justice.

The position Vukmir and Van Hollen are taking differs sharply from those taken by other lawmakers who have been sued in recent years under the open records law. In those cases, legislators from both parties have either acknowledged they violated the records law and turned over documents or fought the cases in court.
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