Tuesday, January 27, 2009

Rep. Hintz & Rep. Spanbauer to Push for “John Doe” Legislation

MADISON – Representatives Gordon Hintz (D-Oshkosh) and Richard Spanbauer (R-Town of Algoma) announced their plans to support a bill in the Wisconsin State Assembly that would reform the flaws of the current John Doe process and provide greater protections for corrections employees from frivolous, costly, and time consuming lawsuits.

"I’m glad to be a part of introducing this important legislation,” said Rep. Hintz. “This is has been a priority of mine on behalf of the hard-working men and women serving in our corrections facilities since I was first elected to the State Assembly. It is important that we stop the exploitation of the current law so corrections officials can do their job without the constant threat of being sued for unfounded reasons. This bill maintains the ability for inmates to file reports while giving judges the discretion to prevent unnecessary and wasteful legal proceedings.”

“The time has come for this bill to be introduced and signed into law,” added Rep. Spanbauer. “I’ve heard time and time again that our current John Doe process is flawed and wastes time and money in our court system, not to mention taking correction officials away from the jobs that they are paid to do. I look forward to working with my colleagues on both side of the aisle, including Representative Hintz, as well as the State Senate to get this important legislation passed and signed by Governor Doyle as soon as possible.”

Under current state law, an inmate who believes that a crime has been committed against them by a corrections officer may report this claim directly to a judge, who is required to examine the alleged offender under oath and determine whether or not a crime has been committed. The proposed legislation would allow judges to consider law enforcement reports, records and case files of the district attorney, and any other written records that the judge finds relevant when determining whether to convene a hearing or issue a complaint.

Two competing bills were introduced and passed in their respective legislative body during the 2007-2009 legislation session to address the growing number of John Doe cases filed. However, neither of these bills was passed by the other legislative body, and thus were not brought to Governor Doyle to be signed into law.

“When I was elected to serve in the State Assembly this past fall, this legislation was one of the most important items that I wanted to get to work on,” said Rep. Spanbauer. “The important thing that we have to do is to look past the politics involved and recognize that this bill is no-nonsense and protects hard-working people. I’m glad that I have a chance to work with Representative Hintz on this bill and will do what it takes to help it through the legislature.”

“I’m proud to have this opportunity to work with Representative Spanbauer on this crucial bill,” added Rep. Hintz. “We have discussed this issue with our constituents and know that this bill will prevent abuses of the legal system and protect corrections employees while maintaining the rights of inmates to pursue legal action if a crime is committed. I hope that our fellow legislators will join us in a bi-partisan fashion to pass this bill.”

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