UNNAMED PETITIONER v. WALWORTH CIRCUIT CT.

No. 90-0355-W.

157 Wis.2d 157 (1990)

458 N.W.2d 575

STATE of Wisconsin EX REL. UNNAMED PETITIONER, Petitioner, v. CIRCUIT COURT FOR WALWORTH COUNTY, The Honorable John R. Race, presiding, and State of Wisconsin, Respondents.

Court of Appeals of Wisconsin.

Decided June 20, 1990.


Attorney(s) appearing for the Case

On behalf of the petitioner there was a memorandum brief by John O. Olson of Braden & Olson of Lake Geneva.

On behalf of the respondents there were memorandum briefs by David A. Danz, district attorney for Walworth County, and Steven R. Wassel of the Law Offices of Wassel & Kilkenny of Delavan.

Before Nettesheim, P.J., Brown and Scott, JJ.


BROWN, J.

If a district attorney refuses or is unavailable to issue a criminal complaint, a circuit judge may permit the filing of a complaint pursuant to sec. 968.02(3), Stats. The issue in this case is whether the judge has authority, under that same statute, to order the district attorney to file a different or additional charge than the charge or charges already brought. We hold that the statute does not allow a judge this power. We reverse.

The unnamed...

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