2008AP552-CR State v. Jensen

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Criminal Procedure
Venue; public officials

Under sec. 971.19(12), venue for an action against a public official alleging misconduct in public office is in the county where the defendant resides.

"We must interpret a statute to promote, not to contravene, its statutory purpose. See Kalal, 271 Wis. 2d 633, ¶49. First, we note that the legislature set out a broad, unambiguous purpose. Wisconsin Stat. § 801.64 explains that the venue provision broadly applies to 'violations of the public trust.' Such violations should be tried in the county where the offender resides so the individuals 'whose trust was violated by the offense will judge the defendant's guilt or innocence.' To promote such a broad purpose, we must broadly interpret Wis. Stat. § 971.19(12), including the phrase 'the subject of the investigation.' Accordingly, we conclude that venue is proper in the county in which the defendant resides when charged with a violation of any other law arising from or in relation to the official functions of the subject of the investigation commenced by the district attorney, the former Elections Board, the former Ethics Board or the Government Accountability Board. Such an interpretation does not base venue on who commenced the investigation of the alleged criminal violation; instead, our interpretation broadly encompasses violations of the public trust."

Reversed and Remanded.

2008AP552-CR State v. Jensen

Roggensack, J.

Attorneys: For Appellant: Friebert, Robert H., Milwaukee; O'Neill, Matthew W., Milwaukee; Stoll, R. Ryan, Chicago, IL; For Respondent: Freimuth, James M., Madison; Weber, Gregory M., Madison; Blanchard, Brian W., Madison

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