imported post
shernandez wrote:
Sometimes lawyers will ask that anything related to the incident/crime should be removed. I believe, from reading the post that this is what happened.
I guess I'd also ask the question as to status of hearing anyway... and let mod(s) advise as they deem necessary. Meanwhile, in the interest of just discussion, I happen to run across aref I keep on file regarding DC. Maybe it will help someone assist a fledgling attorney who's decided to represent them, possibly leading to fewer billable hours:
From the WI Supreme Court Opinion in State v. Douglas D (minor)(Case 99-1767) in para 27:
[Section 947.01, the DC statute] does not imply that all conduct which tends to annoy another is disorderly conduct. Only such conduct as unreasonably offends the sense of decency or propriety of the community is included. The statute does not punish a person for conduct which might possibly offend some hypercritical individual. The design of the disorderly conduct statute is to proscribe substantial intrusions which offend the normal sensibilities of average persons or which constitute significantly abusive or disturbing demeanor in the eyes of reasonable persons.
Zwicker, 41 Wis.2d at 508. Thus, we agree that §947.01 requires more than mere offensive speech or behavior.
IANAL but it seems inadvisable to cite the case in entirety, as the issue at hand seems to have been of threat communicated to a teacher via a writing assignment. Nonetheless, it might provide some insight as to the thinking of the court.
