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STATE EX REL. KALAL v. CIRCUIT COURT

No. 02-2490-W.

271 Wis.2d 633 (2004)

2004 WI 58

681 N.W.2d 110

IN the MATTER OF A PRIVATELY FILED CRIMINAL COMPLAINT: STATE of Wisconsin EX REL. Ralph A. KALAL and Jackie Kalal, Petitioners-Petitioners, v. CIRCUIT COURT FOR DANE COUNTY, the Honorable John V. Finn, presiding, Michele A. Tjader and Sarah Schmeiser, Respondents.

Supreme Court of Wisconsin.

Decided May 25, 2004.

Attorney(s) appearing for the Case

For the petitioners-petitioners there were briefs by Waring R. Fincke, West Bend, and oral argument by Waring R. Fincke.

For the respondents, Circuit Court of Dane County and the Honorable John V. Finn, there was a brief by David C. Rice, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general, and oral argument by Anthony M. Tomaselli and Quarles & Brady, LLP, Madison.

¶ 1. DIANE S. SYKES, J.

In Wisconsin, the district attorney is primarily responsible for the decision whether to charge a person with a crime. Wisconsin Stat. § 968.02(1) states the general rule: "[e]xcept as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a district attorney of the county where the crime is alleged to have been committed."

¶...

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