Supreme Court looks at judicial discretion with John Doe petition

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The state Supreme Court will hear oral arguments today in a case that will determine a circuit court judge’s discretion regarding a John Doe proceeding. The court will consider a judge’s obligation to hear witnesses presented by the petitioner in such a situation.

The case stems from a petition, filed by Ira Robins for a John Doe proceeding in Taylor County alleging that District Atty. Karl Kelz had engaged in misconduct. Robins brought five witnesses to the proceeding and had two others available by phone, but the Judge Patrick J. Madden only listened to testimony from Robins. In the end, the judge found no probable cause that Kelz had committed a crime.

Robins asked the Wisconsin Court of Appeals to make the judge take testimony from the other witnesses, but the Court of Appeals determined that, according to state statues, the judge had properly exercised his discretion in the matter.

Robins appealed to the Supreme Court, which is scheduled to hear oral arguments this morning at 10:45 a.m. Those arguments can be heard live at the Supreme Court’s Web site.

The case is State ex rel. Ira B. Robins v. Hon. Patrick J. Madden, 07AP1526-W.

The Supreme Court will hear oral arguments in two other cases today:

9:45 a.m. — Edward U. Notz v. Everett Smith Group, Ltd., et al., 06AP3156.

The Supreme Court will consider remedies available to a shareholder, who alleges he was short changed by a company.

1:30 p.m. — Kelly J. Harvot v. Solo Cup Company, 07AP1396.

Among other things, the Supreme Court will consider whether the Wisconsin Family or Medical Leave Act or the state constitution confers an implied right to a jury trial in a civil action for damages.

Each of those oral argument sessions will be available online.