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STATE v. HORN

No. 97-2751-CR.

226 Wis.2d 637 (1999)

594 N.W.2d 772

STATE of Wisconsin, Plaintiff-Appellant, v. Robert V. HORN, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 11, 1999.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief (in the Court of Appeals) was Pamela Magee, assistant attorney general, and James E. Doyle, attorney general.

For the defendant-respondent there was a brief (in the Court of Appeals) and oral argument by Martha K. Askins, assistant state public defender.

¶ 1. WILLIAM A. BABLITCH, J.

Defendant, Robert V. Horn (Horn) challenged the constitutionality of Wis. Stat. § 973.10(2) requiring administrative, rather than judicial, revocation of probation. The circuit court agreed with Horn and declared the statute unconstitutional as a violation of the separation of powers doctrine. The issue presented by this case is whether it is within the exclusive power of the judiciary...

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