
Prosecutor
deals under fire
8/02/03
by Andy Hall
The
Legislature ought to ban prosecutors from secretly agreeing to skip
criminal charges for people who pay large sums of money, several of
Wisconsin's chief judges say.
The
judges, who will discuss the issue at a meeting Friday, say they want
to avoid interfering with prosecutors' powers but need to ensure that
the state's justice system isn't for sale.
The
10-member committee of chief circuit court judges, who are appointed by
the Supreme Court to oversee the justice system within the trial
courts, is responding to a request from Sen. Dave Zien, R-Eau Claire,
chairman of the Senate Judiciary committee, for "thoughtful
discussions" on whether state law needs to be changed.
The
Wisconsin State Journal last month reported that former Outagamie
County District Attorney Vince Biskupic, the unsuccessful Republican
candidate for state attorney general, secretly allowed at least 13
people to avoid the filing of criminal charges after they paid $500 to
$8,000 apiece to politically important police agencies, non-profit
groups and a crime-prevention fund controlled by Biskupic.
"I
don't condone the practice," said Outagamie County Circuit Court Judge
Joseph Troy, one of the chief judges, who wasn't aware of the deals in
his county until he read them in the newspaper. "It doesn't look good,
even if there were responsible motives."
Like
several of his colleagues, Troy said deals involving money should be
done in public, and well-to-do people shouldn't be able to buy their
way out of being charged while poor people are left with criminal
records.
Troy
said he would support a change in state law requiring district
attorneys to file all deals with uncharged individuals with clerks of
court, when money is included in the agreements.
In
addition, he said, it's possible that the chief judges might recommend
that prosecutors' deals with uncharged individuals should be subject to
the same restrictions the Legislature imposed in 2000 on deals with
people who have been charged with crimes. That law prohibits
prosecutors from collecting money from defendants in exchange for
reducing or amending charges.
Another
chief judge, Dane County Circuit Court Judge Michael Nowakowski, said
the judges almost certainly will take a stand, but more study might be
needed first.
He
criticized Biskupic's deals, calling them "a very, very troubling kind
of practice that certainly creates the appearance that justice is for
sale and creates the appearance that those with the resources are going
to be treated differently than those that don't have financial
resources. That is wholly antithetical to the purposes for the criminal
justice system."
Racine
County Circuit Court Judge Gerald Ptacek, a chief judge and former
prosecutor, said Biskupic's deals undermine the integrity of the
justice system. "Money shouldn't be a factor to get a result, quite
frankly," Ptacek said.
Vilas
County Circuit Court Judge James Mohr predicted that his fellow chief
judges will recommend changes in state law, for the same reason they
cracked down on prosecutors' monetary deals with defendants in 2000.
It's wrong,
he said, for so much money to be flowing without oversight from judges,
and for poor people to be excluded.
However,
Mohr and several judges emphasized that the cases now under scrutiny
don't ever make it into court, so the judges' power to regulate them is
limited.
It's
crucial, they said, for district attorneys to be part of the solution.
The Wisconsin District Attorneys Association has begun studying the
issue.
Sauk
County Circuit Court Judge James Evenson, who heads the panel of chief
judges, said Nowakowski's concerns about a two-tiered system of justice
are valid.
The judges,
Evenson said, will debate how far to go in studying the issue and
making recommendations to the Legislature.
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