State ex rel. Hipp v. Murray

LOUIS B. BUTLER, JR., J.

¶ 55. {concurring). I agree with the majority that complainant Adrian T. Hipp's petition for writ of mandamus should he granted. However, I write separately because I would uphold the writ on the same grounds reached by the court of appeals: a judge in a John Doe proceeding does not have exclusive authority to issue subpoenas, and John Doe complainants are not statutorily precluded from the right to obtain subpoenas from a clerk of courts as accorded by Wis. Stat. § 885.01.

¶ 56. The majority of this court generally concludes that a writ should be granted and the court…