State v. Washington
Wisconsin Supreme Court
266 N.W.2d 597 (1978)
- Written by Sharon Feldman, JD
Facts
Hazel Washington (defendant) was the president of an agency that provided psychotherapeutic services. Washington was served with a subpoena to produce agency documents at a John Doe proceeding investigating fraud in the filing of medical-assistance claims. Washington declined to produce the documents. The presiding judge issued an order requiring Washington to produce the documents. Washington was called to the stand in the John Doe proceeding and again declined to produce the documents. Upon motion of the state (plaintiff), the John Doe proceeding was adjourned, and a special contempt proceeding was convened. The special proceeding resulted in a court order directing Washington to produce the documents. Washington declined and was held in contempt. On appeal, Washington argued that the statute’s authorizing John Doe proceedings violated the constitutional separation-of-powers requirement because it gave a judicial-branch member investigatory power that could be exercised only by executive-branch members. Washington also maintained that she was denied due process because the same judge who conducted the John Doe investigation presided at the civil-contempt proceeding.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, J.)
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