Can Fitzgerald Really Take Away the Senators' Ability to Vote in Committees?

This Monday Senate Majority Leader Scott Fitzgerald did the legislative equivalent of taking away the Democratic senators' birthdays:  He decreed that the Democrats will not be able to cast votes in committee.  http://wispolitics.com/index.iml?Article=230087  Fitzgerald's move, while childish and shocking, is probably not a violation of law, but it is also of little significance.

In attempting to understand Fitzgerald's move, it is useful to first look at what Fitzgerald cannot do.  The Wisconsin Constitution protects the Democrats from arrest, which would normally be one way of executing a contempt order.  The Wisconsin statutes also list only a very few grounds on which either the senate or assembly can hold a person in contempt, and none of the grounds apply here.  The senate does have its own rule requiring members to be present for votes and allowing the Sergeant at Arms to "find and bring in such absentees."  This rule appears to be Fitzgerald's basis for holding the Democrats in contempt, and in February he flirted with the idea of hauling the Democrats into the senate by force, but someone has apparently since informed Fitzgerald of Constitution's bar on arresting legislators.

Wisconsin statutes do not expressly govern the operations of legislative committees.  The senate rules govern senate committees, and those rules give the majority party considerable authority over the operation of standing committees. It is unclear whether Fitzgerald intends to prohibit Democrats from voting in the joint finance committee.  There are statutes that govern the role of the joint finance committee in the legislative process, and the budget will have to move through the joint finance committee before making it to a vote in the senate or assembly.  It is possible that irregularities in the functioning of the joint finance committee could undercut the validity of a bill later signed into law.  If, however, Fitzgerald only enforces his decree in standing committees - where Republicans hold controlling majorities - then the decree probably does not violate any law but also will not have any impact on the passage of bills.

Sources:
Senate Rules 15, 16, 84
Wis. Stats. 13.19, 13.26
Wis. Con. Art. IV, Sections 8, 15

The preceding post is not legal advice and should not be construed as such.  The information is general commentary on a matter of public interest, and the statements therein should not be relied upon by individuals for the purpose of any legal matter or proceeding.  Any person desiring legal advice on these or any other matters should retain an attorney.