Wisconsin Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

How to fill out Order Appointing Special Prosecutor?

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FAQ

Once a DA decides to bring charges, the DA has the power to decide the seriousness of the charges to bring (will the charge be a felony or a misdemeanor?). In police brutality cases, a DA has broad discretion to present evidence to a grand jury warranting criminal charges.

Deferred Prosecution Agreement in Wisconsin When you are offered a deferred prosecution agreement or DPA, you will often be required to enter a guilty plea to the offense you are charged with. The Court will defer the entry of a judgment of conviction against you, and therefore you will not be convicted.

No person is eligible to hold the office of district attorney unless he or she is licensed to practice law in this state and resides in the prosecutorial unit from which he or she was elected.

(bm) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations.

Elections for the office of district attorney are held every four years at the same time as elections for the Governor, with the exception of Los Angeles and San Francisco counties.

Each county is a prosecutorial unit and shall elect a district attorney, except that Shawano and Menominee counties form one 2-county prosecutorial unit and shall elect a single district attorney by the combined electorate of the 2 counties.

A prosecutor has great discretion in charging decisions and generally answers to the public, not the courts, for those decisions. As such, courts review the prosecutor's charging decisions for an erroneous exercise of discretion.

The President appoints a United States Attorney to each of the 94 federal districts (Guam and the Northern Mariana Islands are separate districts but share a United States Attorney).

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Wisconsin Order Appointing Special Prosecutor