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Statutory Interpretation
By: Derek Hawkins//July 5, 2018//
Listen to this articleWI Supreme Court
Case Name: State of Wisconsin v. Michael L. Cox
Case No.: 2018 WI 67
Focus: Statutory Interpretation
Upon conviction of a felony, our statutes provide for imposition of a $250 deoxyribonucleic acid (DNA) analysis surcharge on the defendant. Before the legislature adopted 2013 Wis. Act 20 (Act 20), the relevant statute said the court “may” impose that surcharge. Now, however, the statute says the court “shall” impose the surcharge. The court of appeals certified Mr. Michael L. Cox’s appeal to us so that we may determine whether the substitution of “shall” for “may” means that circuit courts no longer have the discretion to waive the surcharge. We conclude that Act 20 eliminated that discretion, and therefore affirm the circuit court.
Affirmed
Concur:
Dissent:
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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