Custodian of Records for the Legislative Technology Services Bureau v. State

¶ 1. This appeal arises out of a John Doe investigation, pursuant to Wis. Stat. § 968.26 (2001-02),1 of certain legislators and legislative employees for what is suspected to be criminal conduct. Before us is a writ of assistance asking that the John Doe judge's subpoena be quashed. In support of the writ, five contentions are made: (1) that the documents sought are privileged due to the interaction of Wis. Stat. § 13.96 and Wis. Stat. § 905.01; (2) that the subpoena violates Article I\( Section 16 of the Wisconsin Constitution; (3) that the subpoena violates the common law separation of…