State ex rel. Kalal v. Circuit Court of Dane County

681 N.W.2d 110 (2004)

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State ex rel. Kalal v. Circuit Court of Dane County

Wisconsin Supreme Court
681 N.W.2d 110 (2004)

SC

Facts

Wisconsin law gave district attorneys the primary responsibility for bringing criminal charges. However, the law provided that if the district attorney refused to do so, a judge could bring a criminal charge. Michele Tjader (plaintiff) filed a complaint with the police and the Dane County district attorney that Ralph and Jackie Kalal (defendants) had stolen funds from her. Several months later, the district attorney told Tjader that she “was free to proceed legally in whatever manner she believed necessary.” Tjader filed a motion with the circuit court pursuant to the law described above. The circuit court found that the district attorney had refused to press charges against the Kalals and ruled that a circuit judge could bring the charges. The Kalals appealed, claiming that the word “refuse” implied the need for some statement or act by the district attorney.

Rule of Law

Issue

Holding and Reasoning (Sykes, J.)

Concurrence (Bradley, J.)

Concurrence (Abrahamson, C.J.)

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