CAR 25 Lets do a John Doe

 

As I understand it. a John Doe investigation over CAR 25 RFP’s has been asked for. The D.A. received  the request today.

My information is that a court injunction will be filled soon to stop any further action by the City with CAR 25.

I expect that action will lead to a full civil court action.

So my question is how much will this cost the City of Racine and will the Mayor end the fighting by pulling the RFP and starting over following perhaps a more open transparent path or go forward to have the the city rack up more court costs?

2nd question will there be a John Doe over CAR 25?

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One Response to CAR 25 Lets do a John Doe

  1. Mary M. says:

    968.26  John Doe proceeding.
    (1) If a district attorney requests a judge to convene a proceeding to determine whether a crime has been committed in the court’s jurisdiction, the judge shall convene a proceeding described under sub. (3) and shall subpoena and examine any witnesses the district attorney identifies.
    (2) 
    (a) Except in par. (am), in this subsection, “district attorney” includes a prosecutor to whom the judge has referred the complaint under par. (am).
    (am) If a person who is not a district attorney complains to a judge that he or she has reason to believe that a crime has been committed within the judge’s jurisdiction, the judge shall refer the complaint to the district attorney or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045.
    (b) If a district attorney receives a referral under par. (am), the district attorney shall, within 90 days of receiving the referral, issue charges or refuse to issue charges. If the district attorney refuses to issue charges, the district attorney shall forward to the judge in whose jurisdiction the crime has allegedly been committed all law enforcement investigative reports on the matter that are in the custody of the district attorney, his or her records and case files on the matter, and a written explanation why he or she refused to issue charges. The judge may require a law enforcement agency to provide to him or her any investigative reports that the law enforcement agency has on the matter. The judge shall convene a proceeding as described under sub. (3) if he or she determines that a proceeding is necessary to determine if a crime has been committed. When determining if a proceeding is necessary, the judge may consider the law enforcement investigative reports, the records and case files of the district attorney, and any other written records that the judge finds relevant.
    (c) In a proceeding convened under par. (b), the judge shall subpoena and examine under oath the complainant and any witnesses that the judge determines to be necessary and appropriate to ascertain whether a crime has been committed and by whom committed. The judge shall consider the credibility of testimony in support of and opposed to the person’s complaint.
    (d) In a proceeding convened under par. (b), the judge may issue a criminal complaint if the judge finds sufficient credible evidence to warrant a prosecution of the complaint. The judge shall consider, in addition to any testimony under par. (c), the law enforcement investigative reports, the records and case files of the district attorney, and any other written reports that the judge finds relevant.

    http://docs.legis.wisconsin.gov/statutes/statutes/968/26

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