Court Clerks Can't Issue Subpoenas, Court Rules

Events & Seminars Posted on

A court clerk does not have the authority to issue a subpoena for a John Doe hearing, the Wisconsin Supreme Court ruled.

The court of appeals had granted a writ of mandamus to allow Adrian Hipp to have subpoenas issued for a John Doe hearing.

Justice Bradley ruled that "a John Doe judge has exclusive authority to subpoena witnesses in a John Doe proceeding."

Bradley ruled that allowing the clerk of court to issue a subpoena would confer authority on someone other than the judge.

"It would in essence dilute the John Doe judge's power," Bradley wrote.

Bradley did not rule on the issue of whether a John Doe judge must subpoena every witness that a John Doe petitioner requests.

"We save that issue for another day," Bradley wrote.

Legal News Media

Legal News Organization press is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. The content contained on the web site has been prepared by Legal News Media as a service to the internet
community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

 

www.legal-news.org

 

American Bar Association – Start and Run a Law Firm

NewYorkStateBar.com – Starting a Law Firm

Lawyer Web Direct

CPA Website Designs