GOP introduces bill limiting John Doe investigations after probes into 2 officer-involved killings

MADISON — Republican lawmakers released a bill Wednesday that would limit how John Doe investigations can be conducted, citing recent cases involving police officers who shot and killed people while on duty.

The bill would prevent John Doe proceedings from being pursued if a person has a defense of self-defense.

Under current law, a district attorney has the authority to determine whether to issue a complaint to charge a person with a crime. If a district attorney declines to do so, a judge may conduct a hearing to determine whether there is probable cause to believe a crime was committed and, in that case, issue a complaint.

Under the bill, a court hearing could not be conducted without new evidence that a person's actions did not meet the standards for self-defense.

Officials started conducting John Doe investigations in Wisconsin beginning in 1839, nine years before statehood. These investigations are similar to federal grand juries in that witnesses can be brought before them and compelled to testify in secret.

The state's John Doe law came under scrutiny a decade ago when it was used to investigate then-Gov. Scott Walker's campaign activity, along with his aides and allies, in two separate but related probes.

The first investigation, begun in 2010, led to convictions of six Walker aides, associates or appointees on charges ranging from theft from a veterans group to misconduct in office. The second Doe probe, launched in 2012, looked into coordination between conservative political organizations and Walker and other candidates during recall elections.

The state Supreme Court shut down the second investigation in 2015 and found Walker and conservative groups backing him had done nothing illegal.

Republican lawmakers in 2015 passed legislation, signed by Walker, that prevents the use of John Doe probes for most political crimes.

The new proposal, introduced by Sens. Rob Hutton and Julian Bradley and Rep. Clint Moses, comes after two investigations into law enforcement officers.

"This provision of the Wisconsin Statutes is being abused to usurp the authority of an elected district attorney to evaluate the facts of the case and determine if criminal charges should be filed. Activists have just begun using this against law enforcement officers, and there is nothing stopping them from using it against citizens who use legally justified self-defense to defend themselves or others," the lawmakers said in a memo seeking co-sponsors for the bill.

The John Doe law was used to investigate former Wauwatosa Police Officer (now Waukesha County sheriff's deputy) Joseph Mensah after he fatally shot Jay Anderson Jr. inside his car. In 2022, special prosecutors announced Mensah would not be charged. The family of Tony Robinson recently sought to use the John Doe law to investigate Madison Police Officer Matt Kenny, who fatally shot Robinson in 2015, but a Dane County judge dismissed the case.

THANK YOU: Subscribers' support makes this work possible. Help us share the knowledge by buying a gift subscription.

DOWNLOAD THE APP: Get the latest news, sports and more

This article originally appeared on Milwaukee Journal Sentinel: Republican bill would limit use of John Doe investigations