Mandamus Relief – Huber Release

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin ex rel. Jamie A. Coogan v. Steven R. Michek, et al.

Case No.: 2018AP2350

Officials: Fitzpatrick, P.J., Blanchard and Kloppenburg, JJ.

Focus: Mandamus Relief – Huber Release

Jamie Coogan was serving a jail sentence when Iowa County Sheriff Steven Michek determined, based on an inmate classification system created by the Sheriff, that Coogan would not be released under the Huber Law, even though the circuit court had expressly ordered Huber release for Coogan. See WIS. STAT. § 303.08 (2017-18) (“Huber Law” permits a sentencing court to order that a county sheriff allow a county jail inmate to pursue certain types of opportunities, such as employment or education, outside the jail facility “during necessary and reasonable hours”). Coogan brought this action for a writ of mandamus against the Sheriff that would direct the Sheriff to follow the court order in Coogan’s judgment of conviction that granted him Huber release. The circuit court dismissed the writ petition on the ground that the Sheriff has authority under the state constitution and statutes other than the Huber Law to disregard an order for Huber release contained in a judgment of conviction.

We agree with Coogan. The legislature, through specific directions in the Huber Law, has defined the circumstance in which a Wisconsin sheriff may temporarily suspend an order for Huber release. In addition, a Wisconsin sheriff may ask a circuit court to withdraw an order for Huber release. But neither of these circumstances were present here. Therefore the Sheriff had a “positive and plain” duty to grant Huber release to Coogan. Accordingly, we reverse the circuit court’s decision to deny mandamus relief and remand with directions that the circuit court enter an order granting mandamus relief.

Recommended for Publication

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.