Image: Protesters vacate the Wisconsin Capitol on Thursday
Justin Sullivan  /  Getty Images
Protesters celebrate as they walk out of the Wisconsin State Capitol on Thursday after a judge ordered the building cleared at night but the lifting of access restrictions during normal business hours.
NBC, msnbc.com and news services
updated 3/3/2011 11:25:01 PM ET 2011-03-04T04:25:01

About 50 protesters vacated the Wisconsin Capitol late Thursday about two hours after a judge ordered the building cleared at night.

State officials said the entire area should be searched because 41 bullets were found outside earlier Thursday, the 17th day of a sit-in over collective bargaining rights.

Also Thursday, Gov. Scott Walker said he would issue layoff notices to 1,500 state workers Friday if a proposal that would cripple public unions isn't approved.

The judge's order led to a sometimes tense two hours as police and the attorney who presented the unions who fought the policy to restrict access to the building urged them to leave peacefully.

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Police did not say whether there were stragglers but noted there were no arrests.

State attorneys revealed the discovery of bullet during a hearing in Dane County Circuit Court, where unions were asking the judge to lift restricted-access rules that have been in place since Sunday and swing open the doors to the public. State attorneys cited the ammunition while suggesting the building should instead be closed for a security sweep.

Judge John Albert issued an oral ruling Thursday night that protesters who have remained in the building after closing time should be removed as soon as authorities believe they can do so with minimum risk of injury to protesters or police.

The judge also ruled that the state violated constitutional protections for free speech and assembly by restricting access to the building. He ordered the administration to re-open the building to the general public by 8 a.m. Monday, allowing for a permitting process that limits the times and places where rallies can be held.

Albert was expected to issue a written ruling later Thursday night.

About the time that Albert issued the oral ruling, a group of protesters who had been parading on State Street managed to get slip inside the building and were confronted by police who were prevent them from getting into the Rotunda, NBC News reported.

Walker threatened the layoffs if Democratic senators who left the state to stymie his union plan did not return. Because the Democrats fled to Illinois, the chamber doesn't have a quorum.

While Walker said he is actively working with some of the Democrats in hopes of striking a deal, he told the AP he won't compromise on the collective bargaining issue or anything that saves the state money.

"I can't take any of that off the table," he said. "We cannot tear apart this budget. We cannot put this burden on local governments. But if there are other ways they are willing to work with us to find a pathway back, I think that's what people want."

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Democratic Senate Minority Leader Mark Miller confirmed there were talks with Walker, but he did not think they were close to reaching a deal.

Walker's budget proposal hinges on the state saving $330 million over two years by forcing state workers to pay more for their benefits. He's also cutting aid to schools and local governments by about $1 billion, reductions he says they can't handle without the freedom he gives them through eliminating nearly all collective bargaining with public workers.

Walker said he has to issue the layoff notices starting Friday so the state can start to realize the $30 million savings he had assumed would come from the state worker concessions contained in the bill. The layoffs wouldn't be effective for 31 days, and Walker said he could rescind them if the bill passed in the meantime.

All state workers, except those in prisons, state hospitals and other facilities open around the clock, would be potential layoff targets, he said.

"We'll prepare them, let them out by the end of the day," Walker said. "I pushed it off as long as I could ... I do not want to have layoffs."

As for the Senate Democrats, Walker said he was talking with some of the "more reasonable members" about a deal that could get them to come back.

"I'm still cautiously optimistic we can get this done," Walker said. "I think we're close, but the problem is we thought we were close the past couple days."

The Republican leader of the state Senate signed orders finding the 14 AWOL Democrats in contempt and allowing the chamber's sergeant at arms to use police force to detain them if necessary. Senate Majority Leader Scott Fitzgerald says his orders are only binding should the senators return to Wisconsin.

The Senate passed a resolution earlier in the day setting a 4 p.m. deadline for the senators to appear at the chamber. When none of them did, Fitzgerald signed the orders in dramatic fashion — in the center of the Senate chamber. State patrol officers watched silently from the gallery as Fitzgerald signed the orders executing the order.

The Wisconsin Professional Police Association, a union representing 11,000 law enforcement officials from across the state, released a statement from its director Jim Palmer slamming the Senate Republicans' resolution to go after the Democrats.

"The thought of using law enforcement officers to exercise force in order to achieve a political objective is insanely wrong and Wisconsin sorely needs reasonable solutions and not potentially dangerous political theatrics," Palmer said.

Marquette University Law School professor Dan Blinka said no matter how it's described, the resolution calls for what amounts to an arrest that would have to be justified under the law. If it's found unconstitutional, any action taken by the senators after they were forced to return could be invalidated, Blinka said.

Poll: 62% against stripping public employees' bargaining rights

The bullets were discovered Thursday morning scattered at several locations outside the Capitol, University of Wisconsin Police Chief Susan Riseling testified at the court hearing.

"I don't like to see live ammunition outside when I have significant crowds," Riseling said. "You can't do much with live ammunition without the gun, but the presence of it doesn't thrill me."

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Riseling said police were conducting a sweep of the bushes and grassy areas in search of any more ammunition. No guns were found.

Union attorney Peggy Lautenschlager said in court that the request to close the Capitol was an overreaction to the discovery of the ammunition.

"For all we know somebody planted them there — we don't know if it was a protester," she said.

© 2013 msnbc.com

Video: Protesters ordered to leave Wisconsin capitol

Photos: The battle over collective bargaining rights in Wisconsin

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  1. Massive crowds gather to see the 14 democratic senators that left the state to protest the bill proposed by the Gov. Scott Walker as crowds continued to protest at the Wisconsin State Capitol in Madison on Saturday, March 12. (Darren Hauck / Reuters) Back to slideshow navigation
  2. Democratic Senator Lena Taylor, right, and civil rights leader Reverend Jesse Jackson Jr. greet the crowd as they and the other Wisconsin State democratic senators that left the state to protest the bill proposed by the Gov. Scott Walker return to massive crowds that continue to protest at the Wisconsin State Capitol on March 12. (Darren Hauck / Reuters) Back to slideshow navigation
  3. Republican Wisconsin State Legislatures look on as Wisconsin Gov. Scott Walker performs a ceremonial bill signing outside his office at the Wisconsin State Capitol on March 11. (Justin Sullivan / Getty Images) Back to slideshow navigation
  4. Protesters shout outside the office of Wisconsin Governor Scott Walker as he held a ceremonial bill-signing on March 11. The bill essentially eliminates collective bargaining rights for public union workers except on wage issues (Scott Olson / Getty Images) Back to slideshow navigation
  5. Protesters hold wooden letters that spell the word "shame" in front of the Wisconsin State Capitol on March 10. (Justin Sullivan / Getty Images) Back to slideshow navigation
  6. Wisconsin Assembly Speaker Jeff Fitzgerald makes the argument to pass the budget repair bill before the State Assembly in the State Capitol in Madison, Wisconsin, Thursday, March 10. (Allen Fredrickson / Reuters) Back to slideshow navigation
  7. Spectators in the gallery of the Wisconsin assembly chambers chant "shame" in protest after the House voted to pass the state's controversial budget bill in the Wisconsin assembly chamber on Thursday in Madison. (Justin Sullivan / Getty Images) Back to slideshow navigation
  8. Democratic Rep. Jon Richards yells after a vote was cast in the Wisconsin Assembly chambers Thursday in Madison. (Morry Gash / AP) Back to slideshow navigation
  9. Wisconsin State Rep. Brett Hulsey (D-WI) flashes the peace sign after the House voted to pass the state's controversial budget bill in the Wisconsin assembly chamber on Thursday in Madison. (Justin Sullivan / Getty Images) Back to slideshow navigation
  10. The statue "Forward" displays a new sign at the State Capitol in Madison on Thursday, the day after the Senate passed the governor's controversial budget repair bill. (Steve Apps / AP) Back to slideshow navigation
  11. Erving Smith, of Madison, Wis., shouts at law enforcement personnel after he was slightly injured while being carried out of the Assembly Room lobby in Madison on Thursday, March 10. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  12. Protesters get kicked out by police from the Wisconsin state assembly chamber as they try to block access to the chambers in Madison on March 10. (Carlos Javier Ortiz / EPA) Back to slideshow navigation
  13. Wisconsin Rep. Cory Mason, center, talks to protesters in the rotunda of the state Capitol in Madison, Wis., on Wednesday, March 9, after demonstrators retook the Capitol building. (Andy Manis / AP) Back to slideshow navigation
  14. Assembly Minority Leader Peter Barca, D-Kensoha, center, calls an impromptu news conference March 9 after Republicans in the Wisconsin Senate voted to strip nearly all collective bargaining rights from public workers after discovering a way to bypass the chamber's missing Democrats. (Andy Manis / AP) Back to slideshow navigation
  15. Tears roll down the face of Liz Sanger of Madison, Wis., after the state Senate passed the budget repair bill following a meeting of a state Legislature conference committee at the state Capitol in Madison, Wis., March 9. (Michael P. King / AP) Back to slideshow navigation
  16. Wisc. Sen. Robert Cowles, R-Green Bay, is escorted out of the state Capitol in Madison, March 9, after Republicans in the Senate voted to strip nearly all collective bargaining rights from public workers after discovering a way to bypass the chamber's missing Democrats. (Andy Manis / AP) Back to slideshow navigation
  17. Opponents of Wisconsin Gov. Scott Walker's budget repair bill deride legislators as they leave the senate parlor at the Wisconsin State Capitol Building where the Senate voted to move forward on an amended version of the controversial bill Wednesday. (John Hart / AP) Back to slideshow navigation
  18. After a protester outside throws a snowball hitting a window at the state Capitol, State Rep. Amy Sue Vruwink, D-Milladore, implores demonstrators to remain peaceful during a press conference of Democratic state Assembly members, March 9. (Michael P. King / AP) Back to slideshow navigation
  19. Helmut Kenies of the Wisconsin Historical Society sifts through hundreds of signs that were removed from the Wisconsin State Capitol on Tuesday, March 8 in Madison. Posters that were left behind by demostrators that occupied the State Capitol were collected and are being made available for people to claim them until this Friday. Select posters that are not claimed will be acquired by the Historical Society. (Justin Sullivan / Getty Images) Back to slideshow navigation
  20. Filmmaker Michael Moore speaks to a crowd during a march and rally at the Wisconsin State Capitol on Saturday, March 5 in Madison. Thousands of demonstrators are staging a protest at the Capitol against Governor Scott Walker's attempt to push through a bill that would restrict collective bargaining for most government workers in the state. (Justin Sullivan / Getty Images) Back to slideshow navigation
  21. Union members protest inside the Wisconsin Capitol on Friday, March 4, in Madison. Some demonstrators returned to the Capitol hours after they were forced to vacate the building after occupying it for more than two weeks. They are protesting Gov. Scott Walker's attempt to push through a bill that would restrict collective bargaining for most government workers in the state. (Justin Sullivan / Getty Images) Back to slideshow navigation
  22. Republican state Sen. Glenn Grothman talks with demonstrators Mark Dziedzic, left, and Jeff Dziedzic inside the state Capitol on March 4. (Justin Sullivan / Getty Images) Back to slideshow navigation
  23. Wisconsin Minority Leader Peter Barca, D-Kensoha, celebrates with other lawmakers and protesters March 3 outside of the state Capitol in Madison after a judge ordered the Department of Administration to open the Capitol to normal business hours. (Andy Manis / AP) Back to slideshow navigation
  24. A police officer blocks an entrance of the Wisconsin State Capitol on Thursday. A Wisconsin judge ordered all of the pro-union protesters to leave the Capitol after they had camped out inside the building for two weeks. The judge also ruled that the state had violated the public's free speech and assembly rights by restricting access to the building. (Justin Sullivan / Getty Images) Back to slideshow navigation
  25. Protesters celebrate as they walk outside of the state Capitol after a judge ordered the Department of Administration to open the Capitol to normal business hours. (Andy Manis / AP) Back to slideshow navigation
  26. Protesters wake-up outside of the state Capitol, Thursday in Madison after sleeping the night. Opponents to the governor's bill to eliminate collective bargaining rights for many state workers are in their 16th day of protests. The Wisconsin Department of Administration officials shut the doors to many protesters and some chose to sleep outside. (Andy Manis / AP) Back to slideshow navigation
  27. Wisconsin State representative Fred Clark. left, meets with constituents at his desk outside the capitol building on March 2. Clark and several other Democrat members of the assembly moved their offices outside the building because of the difficulties the public was having entering the building which has been essentially locked down to prevent protestors from spending the night inside. (Scott Olson / Getty Images) Back to slideshow navigation
  28. Demonstrators protest in a hallway below the assembly chamber where Wisconsin Governor Scott Walker was delivering his budget address to a joint session of the legislature at the capitol on March 1. (Scott Olson / Getty Images) Back to slideshow navigation
  29. Union Iron Worker Randy Bryce of Milwaukee shows police a court order to open the doors of the state Capitol in Madison, Wis., Tuesday, March 1. It was the 14th day of protests against the governor's bill to eliminate collective bargaining rights for many state workers. (Andy Manis / AP) Back to slideshow navigation
  30. Opponents to the governor's bill protest at the state Capitol on March 1. (Andy Manis / AP) Back to slideshow navigation
  31. Democrats refuse to stand as Gov. Scott Walker arrives to deliver his budget address to a joint session of the Legislature, March 1 in Madison. (Scott Olson / Getty Images) Back to slideshow navigation
  32. Police stand in the rotunda of the State Capitol on Feb. 27 in Madison. (Scott Olson / Getty Images) Back to slideshow navigation
  33. Damon Terrrell speaks to protesters at the State Capitol in on Feb. 27. (Andy Manis / AP) Back to slideshow navigation
  34. Opponents to the governor's bill to eliminate collective bargaining rights for many state workers protest outside of the State Capitol on Feb. 26. (Andy Manis / AP) Back to slideshow navigation
  35. Rally supporters hang an American flag from fourth floor windows of the State Capitol as thousands of opponents of Governor Scott Walker's budget repair bill gather for ongoing protests inside and outside the State Capitol on Feb. 26. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  36. Protesters gather in the rotunda of the Wisconsin Capitol in Madison the morning of Friday, Feb. 25, after the Assembly passed a bill ending most state worker collective bargaining rights. (Carlos Javier Ortiz / EPA) Back to slideshow navigation
  37. Protesters who identified themselves as Kenosha city and county workers hold signs as Wisconsin Gov. Scott Walker's plane flies away after his news conference about his budget repair bill at the Kenosha Airport in Kenosha, Wis., on Friday, Feb. 25. (Mark Hertzberg / AP) Back to slideshow navigation
  38. Messages left by supporters protesting in the State Capitol are stuck on the office entrance of Wisconsin State Assemblyman Brett Hulsey on Feb. 25. (Scott Olson / Getty Images) Back to slideshow navigation
  39. Ryan Eykholt of Madison, Wis., plays "This Land Is Your Land" during a protest at the state Capitol in Madison on Friday, Feb. 25, over the governor's proposed budget measures. (Andy Manis / AP) Back to slideshow navigation
  40. Standing beside fellow Assembly Democrats, State Rep. Christine Sinicki approaches the front of the chamber in outrage as their Republican counterparts cut off debate and vote on the budget repair bill in session at the state Capitol in Madison, Wis., early Friday morning, Feb. 25. (Michael P. King / Wisconsin State Journal via AP) Back to slideshow navigation
  41. Protester Bridgette O'Brien of Elroy, Wis., does a morning routine of yoga at the state Capitol in Madison, Wis., on Friday, Feb. 25 before another day of protesting. (Andy Manis / AP) Back to slideshow navigation
  42. Escorted by law enforcement officers, Assembly Republicans exit the state Capitol after cutting off debate and rapidly voting to pass a controversial budget repair bill in the state Assembly in Madison, Wis., on Friday, Feb. 25. (Michael P. King / AP) Back to slideshow navigation
  43. Assembly Democrats wave to protesters, thanking them after Republicans cut off debate and rapidly voted to pass a controversial budget repair bill in the state Assembly at the state Capitol in Madison, Wis., early Friday, Feb. 25. (Michael P. King / Wisconsin State Journal via AP) Back to slideshow navigation
  44. Wisconsin Reps. Peter Barca, D-Kenosha, left, and Donna Seidel, D-Wausau, walk to the governor's office at the state Capitol in Madison, Wis., on Thursday, Feb. 24. Opponents of the governor's bill to eliminate collective bargaining rights for many state workers were in their 10th day of protests. Gov. Scott Walker was trying to get at least one Democratic senator back to the Capitol to vote on the bill. (Andy Manis / AP) Back to slideshow navigation
  45. Wisconsin Democratic state Sens. Tim Cullen, left, and Robert Jauch leave a home on Thursday, Feb. 24, in Woodstock, Ill. The senators have been in Illinois after leaving Wisconsin to try to stop a vote on bill that would take away public workers' collective bargaining rights. (Lauren M. Anderson / AP) Back to slideshow navigation
  46. Opponents of the governor's bill to eliminate collective bargaining rights for many state workers sleep on the floor of the rotunda at the state Capitol on Feb. 24. (Andy Manis / AP) Back to slideshow navigation
  47. Wisconsin state representatives start to fade as they listen to arguments on one of the expected 200 amendments to the governor's budget bill early Feb. 24. (Scott Olson / Getty Images) Back to slideshow navigation
  48. A protester sleeps on the floor in the Capitol on Feb. 23. (Scott Olson / Getty Images) Back to slideshow navigation
  49. Protesters sleep in the rotunda of the Capitol on Feb. 23. (Scott Olson / Getty Images) Back to slideshow navigation
  50. Democratic and Republican assembly members rise before the start of a session Feb. 22. (Darren Hauck / Reuters) Back to slideshow navigation
  51. Teamsters President James Hoffa speaks at a rally in the Capitol on Feb. 23. (Andy Manis / AP) Back to slideshow navigation
  52. Wisconsin Gov. Scott Walker pauses while giving an address in Madison on Feb. 22. to explain his budget bill. (Pool / Reuters) Back to slideshow navigation
  53. A man sits surrounded by protesters' signs at the state Capitol in Madison on Feb. 22. (Darren Hauck / Reuters) Back to slideshow navigation
  54. Protesters walk outside the Wisconsin Capitol on Feb. 22. (Jeffrey Phelps / AP) Back to slideshow navigation
  55. Opponents of Walker's budget bill sleep in the rotunda on Feb. 22. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  56. John Henneman, left, and Dan Kuhl, right, teachers from Wisconsin Rapids, protest Feb. 21 outside the King Street entrance to the Capitol. (Steve Apps / AP) Back to slideshow navigation
  57. A protester gestures in the Capitol building, after a week's mass protest against Walker's bill on Feb. 21. (Darren Hauck / Reuters) Back to slideshow navigation
  58. Kathryn Schulze delivers a silent message at the state Capitol on Feb. 21. (Jeffrey Phelps / AP) Back to slideshow navigation
  59. Protesters rest inside the State Capitol on Feb. 21 in Madison. (Jeffrey Phelps / AP) Back to slideshow navigation
  60. Arnold Chevalier, left, of Stoughton, Wis., shouts inside the State Capitol on Monday. (Jeffrey Phelps / AP) Back to slideshow navigation
  61. State Majority Leader Scott Fitzgerald (R-WI) speaks to Democratic Senators via telephone during a meeting of the committee for Senate Organization inside the Wisconsin State Capitol on Monday. (Eric Thayer / Getty Images) Back to slideshow navigation
  62. A union advocate, left, and a Tea Party supporter argue in Madison, Wis. on Feb. 19, on the grounds of State Capitol over the governor's proposed budget bill. (Andy Manis / AP) Back to slideshow navigation
  63. About 30 members of the AFSCME, the American Federation of State, County and Municipal Employees, protest State Rep. Robin Vos, R-Rochester on Feb. 19. (Scott Anderson / AP) Back to slideshow navigation
  64. Protesters gather outside the state Capitol in Madison, Wis. on Feb. 19. A few dozen police officers stood between supporters of Republican Gov. Scott Walker on the muddy east lawn of the Capitol and the much larger group of pro-labor demonstrators who surrounded them. (Andy Manis / AP) Back to slideshow navigation
  65. Protestors take a moment to rest inside a bus shelter as crowds continue to gather at the State Capitol grounds, while members of the Wisconsin state government discuss the proposed bill by Gov. Scott Walker in Madison on Feb. 19. (Darren Hauck / Reuters) Back to slideshow navigation
  66. Democratic Wisconsin Assembly members cheer on the crowd on the fourth day of large scale protests outside of the State Capitol in Madison on Feb. 18. (Andy Manis / AP) Back to slideshow navigation
  67. Teacher Nicole North Hester, right, cries and applauds as union iron workers pass by during the fourth day of large demonstrations at the State Capitol on Feb. 18. (Andy Manis / AP) Back to slideshow navigation
  68. Two protesters put up a sign at the State Capitol on Feb. 17, that reads "Run Dems Run" in support of 14 state Senators that have left the state in opposition the bill to eliminate collective bargaining rights for many state workers. (Andy Manis / AP) Back to slideshow navigation
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