John Doe reform bill moves to Assembly (WI)

Wisconsin Reporter ^ | 8-20-15 | M. D. Kittle

[afraidfortherepublic]

MADISON, Wis. – A bill that would reform Wisconsin’s controversial John Doe procedure – a grand jury-like procedure used to hound Gov. Scott Walker and his conservative allies for years – is now headed to the Assembly floor.

Assembly Bill 68 passed Thursday in an executive session of the Assembly’s Judiciary Committee.

The bill’s authors, state Rep. David Craig, R-Town of Vernon, and Sen. Tom Tiffany, R-Hazelhurst, said the committee’s vote is an important step toward “ensuring the John Doe statute isn’t abused going forward.”

AB 68 was inspired in large part by lengthy campaign-finance probes launched by Milwaukee County District Attorney John Chisholm into Wisconsin conservative organizations and Walker’s campaign.

CHECKING JOHN DOE: A lengthy political investigation into Gov. Scott Walker’s campaign and conservative organizations was conducted under Wisconsin’s long-standing John Doe law. A bill seeking to remove political investigations from the John Doe procedure will now go to the Assembly.

Chisholm, a Democrat, opened his political investigation in August 2012, assisted by the state Government Accountability Board and, eventually, a GAB-contracted investigator-turned-special prosecutor when the probe expanded into five counties.

The John Doe featured raids on the homes and offices of conservative targets. Investigators seized property of the subjects and their families, and told them if they communicated publicly about the investigation they could go to jail.

Use of such gag orders is among the law’s more controversial investigatory mechanisms. A federal appeals court judge has called the secrecy provision in the John Doe procedure “screamingly unconstitutional,” adding that the U.S. Supreme Court would make short work declaring it so.

“The John Doe proceeding is unique to Wisconsin and gives prosecutors incredibly powerful leverage against the accused and witnesses to a crime,” Craig and Tiffany said in a statement.

“Because this is a special tool used against individuals who have not yet been charged with a potential crime, it should be reserved only for situations when secrecy is absolutely necessary to compel testimony. (This) legislation will ensure that a John Doe proceeding is only used when absolutely necessary and within the bounds of the U.S. Constitution.”

The lawmakers said they look forward to the bill’s prompt passage when the Assembly reconvenes this fall.

The bill doesn’t eliminate the John Doe procedure, but limits its use to specified felonies and possible crimes committed by on-duty law enforcement officers, corrections officers, or state probation, parole, or extended supervision officers. In short, it would end political John Does.

It also calls for greater accountability to taxpayers, and fixes timelines and strict guidelines for expanding the investigations.

RELATED: John Doe reform bill stuck in legislative waiting game

The bill has faced a series of setbacks and delays.

In April, sources told Wisconsin Watchdog that Assembly Speaker Robin Vos, R-Rochester, slowed the bill’s movement amid the budget debate. Leadership, they said, wanted the state Supreme Court to rule on the political John Doe investigation before the reform measure moved forward.

The court did just that last month. In a 4-2 decision, the Supreme Court ordered the probe shut down for good, declaring it unconstitutional, a violation of the conservatives’ First Amendment rights.

Supporters of the bill say now that the court has ruled there is no excuse for delay.

[afraidfortherepublic]

CHECKING JOHN DOE: A lengthy political investigation into Gov. Scott Walker’s campaign and conservative organizations was conducted under Wisconsin’s long-standing John Doe law. A bill seeking to remove political investigations from the John Doe procedure will now go to the Assembly.

[afraidfortherepublic]

John Doe reform Bill moves to Assembly.

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[irish guard]

This will pass and is a great thing. I know one (not well, but nevertheless) of the people whose house was raided. When I heard the raids had taken place, not knowing exactly who was being targeted, I was tempted to contact the family to ask whether their home had been searched. But I was afraid I'd get put on some dirtbag Chisholm target list for having called or emailed that person. Scary stuff, but not out of the question knowing what we now know.

There are ways to conduct secret investigations and at the same time not be so heavy handed as to threaten people, intimidate them, tell their kids they cannot call a lawyer or a grandparent, deny they've searched an office when in fact they did......Glad to see this law get changed.