Certiorari Challenge – Due Process

By: Derek Hawkins//November 8, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin ex rel. Jacob D. Miller v. Milwaukee County Personnel Review Board, et al

Case No.: 2015AP2118

Officials: Kessler and Brennan, JJ., and Daniel L. LaRocque, Reserve Judge

Focus: Certiorari Challenge – Due Process

Jacob D. Miller, a Milwaukee County Deputy Sheriff, appeals from a circuit court order affirming a Milwaukee County Personnel Review Board (PRB) disciplinary decision. The PRB imposed a 90-day suspension for rule violations, in lieu of discharge, followed by a career-long “reevaluation period,” leading to a termination for any rule violation. Miller raises a Certiorari challenge to the PRB’s imposition of a re-evaluation period contending that any re-evaluation period violates his right to a hearing and determination of “just cause” under due process and WIS. STAT. §§ 59.52(8)(b) and 63.10(2) (2013- 14)

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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