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UNNAMED PETITIONERS v. CONNORS

No. 86-0290-W.

136 Wis.2d 118 (1987)

401 N.W.2d 782

STATE of Wisconsin EX REL. UNNAMED PETITIONERS, Petitioners, v. The Honorable Arlene D. CONNORS, Circuit Judge of Milwaukee County, Branch 37, Respondent.

Supreme Court of Wisconsin.

Decided March 6, 1987.

Attorney(s) appearing for the Case

For the petitioners there were joint briefs by Stephen M. Glynn, James A. Walrath and Shellow, Shellow & Glynn, S.C., and William P. Coffey and Coffey, Coffey & Geraghty, all of Milwaukee, and oral argument by James A. Walrath and William P. Coffey.

For the respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the briefs was Bronson C. LaFollette, attorney general.

HEFFERNAN, CHIEF JUSTICE.

This opinion considers whether sec. 968.02(3), Stats.,1 which authorizes a circuit judge, upon a finding of probable cause, to permit the filing of a criminal complaint if the district attorney refuses or is unavailable to issue a complaint, is unconstitutional because it allows an encroachment by the judiciary upon the executive branch's power to decide whether criminal charges should be filed.

We conclude...

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