The role of a District Attorney (DA) in Wisconsin is crucial to the justice system. They are responsible for prosecuting crimes within their jurisdiction, representing the state in legal proceedings, and ensuring justice is served. However, like any public official, DAs are subject to ethical and legal standards. If you believe a DA has acted improperly, unethically, or illegally, you have the right to file a complaint. Understanding the process, the grounds for complaint, and the relevant bodies is essential for a fair and effective resolution. This article provides a comprehensive guide on how to file a complaint against a District Attorney in Wisconsin.
Here's a breakdown of the process, from identifying potential grounds for a complaint to understanding the roles of the various oversight bodies. This information is vital for ensuring accountability and maintaining the integrity of the Wisconsin legal system.
| Aspect of Complaint Filing | Details | Resources/Process |
|---|---|---|
| Grounds for Complaint | Misconduct, unethical behavior, violation of law, abuse of power, conflict of interest, failure to prosecute, prosecutorial misconduct, discrimination, incompetence, and neglect of duty. Specific examples include withholding evidence, making false statements to the court, engaging in biased prosecution, or failing to properly supervise staff. | Review Wisconsin Supreme Court Rules Chapter 60 (Rules of Professional Conduct for Attorneys), Wisconsin Statutes, and relevant case law for specific examples of misconduct. |
| Identifying the Proper Body | Office of Lawyer Regulation (OLR): Handles ethical complaints against attorneys, including DAs, related to their conduct as lawyers. Wisconsin Government Accountability Board (GAB): (Historically relevant, as the GAB was replaced) Was responsible for campaign finance and ethics oversight. Local Law Enforcement: For criminal allegations, such as bribery or obstruction of justice. Wisconsin Department of Justice (DOJ): Handles criminal investigations involving public officials. | OLR: https://www.wicourts.gov/services/attorney/regulation.htm. For historical context on the GAB: Review archived information on Wisconsin.gov. DOJ: https://www.doj.state.wi.us/. Consult with an attorney to determine the most appropriate body for your specific complaint. |
| Preparing Your Complaint | Gather all relevant evidence: Documents, witness statements, emails, and any other materials supporting your allegations. Clearly and concisely describe the DA's actions, the dates of the events, and the specific rules or laws you believe were violated. Be specific and avoid vague accusations. | Maintain copies of all documents and correspondence. Organize your evidence chronologically. Consider seeking legal advice to help you prepare a strong and well-supported complaint. |
| Filing with the Office of Lawyer Regulation (OLR) | The OLR investigates complaints of attorney misconduct. The complaint must be in writing and must include specific information about the alleged misconduct. The OLR will review the complaint and determine whether to investigate. | Obtain the OLR complaint form from the OLR website. Follow the instructions on the form carefully. Submit the completed form and supporting documentation to the OLR. |
| Filing with Law Enforcement or the DOJ | If the DA's actions involve potential criminal activity, you can file a complaint with local law enforcement or the Wisconsin Department of Justice (DOJ). Provide them with all relevant information and evidence. | Contact your local police department or sheriff's office to file a report. Contact the Wisconsin DOJ's Division of Criminal Investigation (DCI) to report potential criminal activity by a DA. |
| The Investigation Process | The investigating body will review your complaint and may conduct interviews, review documents, and gather other evidence. The DA will have the opportunity to respond to the allegations. The investigation may take several months to complete. | Cooperate fully with the investigating body. Provide any additional information or evidence they request. Be patient and allow the investigation to run its course. |
| Possible Outcomes | OLR: Dismissal of the complaint, private reprimand, public reprimand, suspension of law license, or revocation of law license. Law Enforcement/DOJ: Criminal charges, prosecution, and potential conviction. | The outcome will depend on the severity of the misconduct and the evidence presented. You may be notified of the outcome of the investigation. |
| Confidentiality | OLR proceedings are generally confidential unless formal disciplinary charges are filed. Criminal investigations are subject to confidentiality rules. | Inquire about the confidentiality policies of the investigating body. Be aware that some information may become public record. |
| Statute of Limitations | There may be time limits for filing certain types of complaints. | Consult with an attorney to determine if any statutes of limitations apply to your situation. |
| Seeking Legal Advice | It is highly recommended to consult with an attorney before filing a complaint against a DA. An attorney can advise you on the merits of your case, help you prepare your complaint, and represent you in any legal proceedings. | Contact the State Bar of Wisconsin Lawyer Referral and Information Service to find an attorney in your area. |
Detailed Explanations
Grounds for Complaint: This refers to the specific reasons why you believe the DA acted improperly. These reasons must be based on violations of ethical rules, laws, or professional standards. Examples include withholding evidence from the defense (Brady violations), making false statements to the court, engaging in discriminatory prosecution, or having a conflict of interest that compromises their impartiality. These allegations need to be substantiated with evidence.
Identifying the Proper Body: Determining where to file your complaint is crucial. The Office of Lawyer Regulation (OLR) is the primary body for investigating ethical complaints against attorneys, including DAs, related to their conduct as lawyers. If the DA's actions involve potential criminal activity, such as bribery or obstruction of justice, you should file a complaint with local law enforcement or the Wisconsin Department of Justice (DOJ). It's important to note that the Wisconsin Government Accountability Board (GAB) previously handled some of these issues, but it has been replaced.
Preparing Your Complaint: The effectiveness of your complaint hinges on the quality of your preparation. This involves gathering all relevant evidence that supports your allegations. This evidence can include documents, witness statements, emails, and any other materials that demonstrate the DA's alleged misconduct. Your complaint should clearly and concisely describe the DA's actions, the dates of the events, and the specific rules or laws you believe were violated. Specificity is key. Avoid vague accusations and focus on presenting a clear and well-supported case.
Filing with the Office of Lawyer Regulation (OLR): The OLR is the primary avenue for addressing ethical misconduct by attorneys in Wisconsin. To file a complaint, you must obtain the OLR complaint form from their website. The form requires detailed information about the alleged misconduct, and you must follow the instructions carefully. Submit the completed form, along with all supporting documentation, to the OLR. The OLR will then review your complaint and determine whether to initiate an investigation.
Filing with Law Enforcement or the DOJ: If you believe the DA's actions constitute a crime, you should file a complaint with the appropriate law enforcement agency. This could be your local police department, sheriff's office, or the Wisconsin Department of Justice (DOJ). When filing a complaint, provide them with all relevant information and evidence you have gathered. The law enforcement agency will then investigate the allegations and determine whether to pursue criminal charges.
The Investigation Process: Once a complaint is filed, the investigating body (OLR, law enforcement, or DOJ) will conduct a thorough review. This may involve interviewing witnesses, reviewing documents, and gathering other evidence. The DA will have the opportunity to respond to the allegations. The investigation process can take several months to complete, depending on the complexity of the case. Cooperation with the investigating body is crucial. Provide any additional information or evidence they request and allow the investigation to run its course.
Possible Outcomes: The outcome of a complaint against a DA can vary depending on the severity of the misconduct and the evidence presented. If the OLR finds that the DA engaged in misconduct, they may impose disciplinary sanctions, such as a private reprimand, public reprimand, suspension of their law license, or even revocation of their law license. If law enforcement or the DOJ finds that the DA committed a crime, they may pursue criminal charges, which could result in a conviction and imprisonment.
Confidentiality: OLR proceedings are generally confidential unless formal disciplinary charges are filed. This means that the details of the complaint and the investigation may not be made public unless the case proceeds to a formal hearing. Criminal investigations are also subject to confidentiality rules, meaning that information about the investigation may not be released to the public.
Statute of Limitations: It's important to be aware of any time limits for filing a complaint. Certain types of complaints may be subject to a statute of limitations, which means that you must file the complaint within a certain period of time after the alleged misconduct occurred. Consult with an attorney to determine if any statutes of limitations apply to your specific situation.
Seeking Legal Advice: Filing a complaint against a DA can be a complex and challenging process. It is highly recommended to consult with an attorney before filing a complaint. An attorney can advise you on the merits of your case, help you prepare your complaint, and represent you in any legal proceedings. The State Bar of Wisconsin Lawyer Referral and Information Service can help you find an attorney in your area.
Frequently Asked Questions
What constitutes misconduct by a District Attorney? Misconduct includes unethical behavior, violations of the law, abuse of power, conflict of interest, and neglect of duty.
Where do I file a complaint against a District Attorney? For ethical violations, file with the Office of Lawyer Regulation (OLR). For criminal acts, file with local law enforcement or the Wisconsin Department of Justice (DOJ).
What evidence do I need to file a complaint? Gather all relevant documents, witness statements, emails, and any other materials that support your allegations.
Is the complaint process confidential? OLR proceedings are generally confidential unless formal charges are filed. Criminal investigations are also subject to confidentiality rules.
Should I consult with an attorney before filing a complaint? Yes, it is highly recommended to consult with an attorney to understand your rights and the legal process.
What are the possible outcomes of a complaint? Outcomes range from dismissal of the complaint to disciplinary actions like reprimands, suspension, or revocation of the law license, or criminal charges.
Is there a time limit for filing a complaint? Some types of complaints may have a statute of limitations, so it's important to consult with an attorney.
What happens after I file a complaint? The investigating body will review your complaint and may conduct interviews, review documents, and gather other evidence.
Conclusion
Filing a complaint against a District Attorney in Wisconsin is a serious undertaking. Understanding the grounds for complaint, identifying the appropriate body to file with, and gathering supporting evidence are all crucial steps. Seeking legal advice can significantly improve your chances of a successful outcome and ensure the integrity of the legal process.