State Ex Rel. Kalal v. Circuit Court for Dane County
Wisconsin Supreme Court
1Opinion of the CourtDiane S. Sykes, J.
¶ 1. 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."
¶ 2. There are exceptions to this rule, however, and this case arises from one of them. Subsection (3) of Wis. Stat. § 968.02 provides that ”[i]f a district attorney refuses or is unavailable to issue a complaint, a…
2Cases cited32 opinions
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