State of Wisconsin Ex Rel. Individual Subpoenaed to Appear at Waukesha County John Doe Case No. 2003 Jd 001 v. Mac Davis

¶ 1. The court of appeals certified this matter to this court pursuant to Wis. Stat. § 809.61 1 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 counsel's refusal to take such an oath can be the basis for disqualifying counsel from representing a witness at the John Doe proceeding. 2

¶ 2. We conclude that a John Doe judge does not have either the statutory or inherent authority…