Prosecutorial Discretion in the John Doe Investigation

Over at the Shark and Shepherd Blog, Rick Esenberg has put up a post questioning whether the recently filed criminal complaint in the ongoing John Doe investigation of the County Executive’s Office during Scott Walker’s tenure justifies the time and expense spent thus far on the investigation. I posted several comments in response to Rick’s post, and it seems worthwhile to repeat those same points on the Marquette Law School Faculty Blog.

First of all, it is unlikely that the John Doe investigation will remain focused solely on the existence of campaign activity during employee working hours. According to press reports, the investigation is proceeding in the direction of investigating possible destruction of evidence and obstruction of justice. As I tell the students in my Corporate Criminal Liability class, a cover up will cause a defendant more trouble than the underlying crime.

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The GAB’s Duty of “Careful Examination”: Why Judge Davis Got It Right

I have written a few things on my personal blog about the GAB’s authority and duty to conduct a more thorough review of recall petitions than it apparently intends to conduct. Last Thursday, Judge Mac Davis ordered a more extensive review. Ed Fallone thinks that the judge got it wrong. I disagree. Here’s why.

Ed argues that “there are no explicit provisions in the statutes that direct the GAB to look for and eliminate duplicate, fictitious or unrecognizable signatures. Just a direction not to count signatures that are insufficient under Section 9.10(2)(e).”

I see two problems with this statement. First, the GAB’s obligation upon the filing of a petition is not limited to the elimination of signatures for the reasons set forth in § 9.10(2)(e). To the contrary, the obligation imposed on GAB is to “determine by careful examination whether the petition on its face is sufficient.” Wis. Stat. § 9.10(3)(b). Whatever that duty is, it is nowhere limited by § 9.10(2)(e). Second, as we will see, even if it is so limited, § 9.10(2)(e) does not relieve GAB of the obligation to do what Judge Davis ordered it to do.

So what does this duty of “careful examination” entail?

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A Tale of Three States, Part 6: Happy Days

In the previous post in this series, I took the imprisonment data from Indiana, Minnesota, and Wisconsin back to 1991.  I’ve been interested, though, in pinpointing when exactly the Minnesota-Wisconsin imprisonment disparity arose, which requires going back further — much further, to the 1950′s.  Here are the numbers:

WI Imprisonment Rate (per 1000,000) Percent Change MN Imprisonment Rate (per 1000,000) Percent Change IN Imprisonment Rate (per 1000,000) Percent Change
1950 58.7 n/a 63.0 n/a 120.4 n/a
1955 61.6 4.9% 61.6 -2.2% 103.1 -14.4%
1960 69.5 12.8% 60.3 -2.1% 116.4 12.9%
1965 68.3 -1.7% 49.1 -18.6% 91.1 -21.7%
1970 67.3 -1.5% 41.7 -15.1% 79.6 -12.6%
1975 65.0 -3.4% 42.0 0.7% 73.0 -8.3%
1980 85.0 30.8% 49.3 17.4% 114.0 56.2%
1985 113.6 33.6% 55.9 13.4% 182.3 60.0%
1990 152.6 34.3% 71.9 28.6% 229.7 26.0%
1995 218.6 43.3% 105.1 46.2% 277.7 20.9%
2000 386.9 77.0% 126.8 20.6% 331.0 19.2%
2005 392.9 1.6% 173.1 36.5% 399.5 (est) 20.7%
2010 387.2 -1.5% 177.8 2.7% 459.9 15.1%

 

The numbers tell a remarkable story.  Here are some of the parts of that story that stand out for me:  

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