Missing Democrats declared in contempt

MADISON - Wisconsin law enforcement officers are on the lookout for those lawmakers who have not indicated any plans to return.

State Senate Republicans took legislative action Thursday to compel their missing counterparts to return by 4 p.m.

Republican members of the Senate say they were nervous about going to such an extreme to order their Democratic colleagues back to work, but felt they had no other choice. It's clear they are doing this to pass the budget repair, bill but they say this action is more about preserving democracy.

Senate Majority Leader Scott Fitzgerald, R-Juneau, offered a resolution to take the next step to force the 14 Senate Democrats back to the Capitol to vote on the budget repair bill.

Citing constitutional authority and consulting private legal counsel Fitzgerald's resolution, approved by all Republicans present, compels the attendance of the absentee Democrats, and the use of law enforcement to bring them back if necessary.

"What I'm hopeful will happen is one or all 14 will return to the Senate chambers and we will be allowed to move forward on the budget repair bill," Fitzgerald said.

The alternative is an order to have officers pick them up anywhere in the state.

"I do believe senators are in Wisconsin. I know they are, and have been for some time going back and forth to their homes," Fitzgerald said.

As long as the senators remain in Illinois, officers can't touch them. Sen. Dave Hansen, D-Green Bay, told FOX 11 that nothing short of a compromise on the budget bill will make them come back.

“(It) just seems like they are showing their desperation. This is just another one act of desperation,” Hansen said. “I got a lot of friends on the other side of the aisle, it's sad it's come to this."

This latest attempt to get the Democratic senators to return follows the withholding of their paychecks and having their staff report to Republican members. The legislative action comes on the heals of an Oconto County judge ruling on a citizen request there to order a senator back home, saying the state senate could do more.

"The judge said in his decision the state Senate has not exhausted every option available to them."

Assembly Democrats oppose the action being taken.

“I'm confused why they would be doing that while the governor told me just a few hours ago that there's been active discussions, that he can see a need to end the impasse,” Assembly Minority Leader Peter Barca, D-Kenosha, said. “I don't think that kind of bullying tactic will compel them to return.”

And wonder if it's even legal.

“I don't believe that kind of bullying tactics will in fact compel them to return,” Barca said. “What would compel them to return is come up with a solution.”

Senate Republicans say they were nervous about making this move but have very few choices left.

"I think we reached a point winding down third week on this we needed to take actions to preserve our ability function as a body," Fitzgerald said.

So far no Senate Democrats have returned. The legislative order to bring them back is ongoing 24-7, the Republicans say, putting more pressure on the Democrats.

State Sen. Jon Erpenbach, D-Middleton, did issue a statement saying all 14 of the senators remain in Illinois, very strong in their convictions, and issuing the arrest warrants isn't going to solve the problem.