Wisconsin high court won't close arguments in caucus appeals
By The Associated Press
08.20.02
MADISON, Wis. — The state Supreme Court refused yesterday to keep secret the oral arguments for appeals in a secret investigation into allegations of illegal campaigning by state lawmakers and their staffs.
The justices rejected a request from attorneys to keep the Sept. 18 arguments private and briefs filed in the cases under seal.
"We are confident that the counsel for the parties and the interveners can craft and deliver their arguments to this court without disclosing information that might jeopardize the underlying John Doe investigation," the court said.
The nature of the appeals is unknown because the appeals court has kept the cases under seal to preserve the investigation's secrecy.
Dane County District Attorney Brian Blanchard and Milwaukee County District Attorney E. Michael McCann began the secret investigations after a Wisconsin State Journal series reported last year that employees of the state's legislative caucuses were illegally doing campaign work on state time.
Blanchard and McCann have declined to comment on their investigations.
All three of the appeals are related to rulings by Dane County Judge Sarah O'Brien, who is hearing the secret John Doe proceedings. Such proceedings are used to determine whether a crime was committed and who committed it.
Court records do not identify the individuals appealing, but lawyers' bills released in June confirm that Assembly Majority Leader Steve Foti, R-Oconomowoc, and former legislative aide Sherry Schultz are two of the three appellants.
The state Supreme Court said it would continue to seal any testimony, exhibits and names of witnesses from the John Doe proceedings.
The 4th District Court of Appeals asked the state Supreme Court to hear the cases because it was uncertain whether it had the jurisdiction to rule on the issues involved.