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STATE EX REL. INDIVIDUAL SUBPOENAED v. DAVIS

No. 2004AP1804-W.

281 Wis.2d 431 (2005)

2005 WI 70

697 N.W.2d 803

STATE of Wisconsin EX REL. INDIVIDUAL SUBPOENAED TO APPEAR AT WAUKESHA COUNTY JOHN DOE CASE No. 2003 JD 001, Petitioner, v. The Honorable J. Mac DAVIS, Presiding John Doe Magistrate, and the State of Wisconsin, Respondents.

Supreme Court of Wisconsin.

Decided June 9, 2005.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Stephen P. Hurley, Marcus J. Berghahn and Hurley, Burish & Milliken, S.C., Madison, and Harold Harlowe and Hal Harlowe & Associates, S.C., Madison, and oral argument by Stephen P. Hurley and Harold Harlowe.

For the Respondents there was a brief by Julie M. Gay, Waukesha and oral argument by Julie M. Gay.

¶ 1. SHIRLEY S. ABRAHAMSON, C.J.

The court of appeals certified this matter to this court pursuant to Wis. Stat. § 809.611 to determine whether Judge J. Mac Davis, acting as a John Doe judge, has either the statutory or inherent authority to require counsel for a John Doe witness to take an oath of secrecy when the John Doe proceedings were already subject to a secrecy order, and whether...

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