On Point blog, page 1 of 1
SCOW: Unconstitutional for victims rights board to issue report criticizing judge
Honorable William Gabler v. Crime Victims Rights Board, 2017 WI 67, 6/27/2017, affirming circuit court on bypass; case activity (including briefs)
The legislature created the Crime Victims Rights Board and tasked it with, among other things, issuing “private and public reprimands of public officials” who violate victims’ rights as defined by our state Constitution and statutes. Wis. Stat. 950.09(2)(a). The supreme court now declares this mission contrary to the state Constitution when those “public officials” are judges.
Separation of Powers – Prosecutorial Veto and § 973.195, TIS Sentence Adjustment
State v. David S. Stenklyft, 2005 WI 71, on bypass
For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate
Issue/Holding: The prosecutorial veto written into the TIS sentence-adjustment provision, § 973.195, is unconstitutional:
¶83 … “[S]hall” is interpreted as directory, thereby giving a circuit court discretion to accept or reject an objection from a district attorney on a petition for sentence adjustment under Wis.
Separation of Powers – Shared Power Regarding Judicial Continuances
State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30
For Chvala: Lawton & Cates
Issue/Holding:
¶1. The criminal complaint in this action charges Charles Chvala, a senator in the Wisconsin Legislature, with extortion, misconduct in public office, and violations of campaign finance statutes. The issue on appeal is whether, as Chvala contends, Wis. Stat. § 757.13 (2001-02) prohibits the trial court from scheduling the trial in this case before the last general business floor session ends on March 11,