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Calling all Wisconsin OCDO members

bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
There are two(2) opinion articles in the local Jackson County paper regarding how the County plans to use the corporate council to prosecute Wisconsin erroneous firearms laws. http://www.jacksoncountychronicle.com/opinion/

There are even questions as to whether or not the County Board and Corporate Council have the constitutional authority to do this.

This is the same county where DA Fox said he wouldn't prosecute these eroneous laws because they are unconstitutional in his view. You can see the DA's statement here: http://www.co.jackson.wi.us/html/district attorney/Documents/McDonald vs. City of Chicago.pdf

We need stand together when our rights are being attacked.

Monday Aug 16 -- 5:30PM -- Jackson County Court House -- 307 Main Street, Black River Falls, -- 2nd floor -- county board room.

The DA has stated he will not prosecute carry in public buildings, but that doesn't mean you won't be arrested. An empty holster would be legal and sufficient to make the point. For those who choose to carry, you do so at your own risk.

Will you join me and stand with DA Fox?

Disclaimer: The actions taken/requested in this post do NOT reflect a policy or opinion of Wisconsin Carry, Inc. only the author and the author is NOT requesting/condoning violating any state or federal law.
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
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http://www.jacksoncountychronicle.com/articles/2010/08/04/news/02guns.txt

Skolos said the decision as to whether or not his office would take over prosecuting concealed carry cases would be one that needs to be made in conjunction with the county board.

Both County Clerk Kyle Deno and county board Chair Dennis Eberhardt said the county is waiting for the information Skolos is planning to provide before moving forward with any discussion at the board level. Deno said she hopes an update will be provided at the next executive and finance committee meeting.
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
I'll be there. I will carry. I'll stop at Moe's to pick up a Hi-Point, as I am not giving up my XD45.

I do have a question though. Does an attorney for the corporate counsel have the power to prosecute? I don't think so.
 
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M

McX

Guest
sproket, how dare you sacrifice a beloved hi point! i do agree with you, give em hell guys, they have it coming!
 

Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
978.05 Duties of the district attorney. The district attorney
shall:
(1) CRIMINAL ACTIONS. Except as otherwise provided by law,
prosecute all criminal actions before any court within his or her
prosecutorial unit and have sole responsibility for prosecution of
all criminal actions arising from violations of chs. 5 to 12, subch.
III of ch. 13, or subch. III of ch. 19 and from violations of other
laws arising from or in relation to the official functions of the subject
of the investigation or any matter that involves elections, ethics,
or lobbying regulation under chs. 5 to 12, subch. III of ch. 13,
or subch. III of ch. 19, that are alleged to be committed by a resident
of his or her prosecutorial unit, or if alleged to be committed
by a nonresident of this state, that are alleged to occur in his or her
prosecutorial unit unless another prosecutor is substituted under
s. 5.05 (2m) (i) or this chapter or by referral of the government
accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes
of this subsection, a person other than a natural person is a resident
of a prosecutorial unit if the person’s principal place of operation
is located in that prosecutorial unit.

978.045 Special prosecutors. (1g) A court on its own
motion may appoint a special prosecutor under sub. (1r) or a district
attorney may request a court to appoint a special prosecutor
under that subsection. Before a court appoints a special prosecutor
on its own motion or at the request of a district attorney for an
appointment that exceeds 6 hours per case, the court or district
attorney shall request assistance from a district attorney, deputy
district attorney or assistant district attorney from other prosecutorial
units or an assistant attorney general. A district attorney
requesting the appointment of a special prosecutor, or a court if the
court is appointing a special prosecutor on its own motion, shall
notify the department of administration, on a form provided by
that department, of the district attorney’s or the court’s inability to
obtain assistance from another prosecutorial unit or from an assistant
attorney general.
(1r) Any judge of a court of record, by an order entered in the
record stating the cause for it, may appoint an attorney as a special
prosecutor to perform, for the time being, or for the trial of the
accused person, the duties of the district attorney. An attorney
appointed under this subsection shall have all of the powers of the
district attorney. 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 or John Doe proceedings under s. 968.26,
in proceedings under ch. 980, or in investigations. The judge may
appoint an attorney as a special prosecutor if any of the following
conditions exists:
(a) There is no district attorney for the county.
(b) The district attorney is absent from the county.
(c) The district attorney has acted as the attorney for a party
accused in relation to the matter of which the accused stands
charged and for which the accused is to be tried.
(d) The district attorney is near of kin to the party to be tried
on a criminal charge.
(e) The district attorney is physically unable to attend to his or
her duties or has a mental incapacity that impairs his or her ability
to substantially perform his or her duties.
(f) The district attorney is serving in the U.S. armed forces.
(g) The district attorney stands charged with a crime and the
governor has not acted under s. 17.11.
(h) The district attorney determines that a conflict of interest
exists regarding the district attorney or the district attorney staff.
(i) A judge determines that a complaint received under s.
968.26 (2) (am) relates to the conduct of the district attorney to
whom the judge otherwise would refer.

968.26(2)(am)
(am) If a person who is not a district attorney complains to a judge that he or she has reason to believe that a crime has been committed within the judge's jurisdiction, the judge shall refer the complaint to the district attorney or, if the complaint may relate to the conduct of the district attorney, to another prosecutor under s. 978.045.

It appears to me that the county or the county counsel do not have the statute authority to presume the duties of the District Attorney. Only a judge can assign a special prosecutor. It also appears the only course of action for a county or county lawyer is to process a complaint under 968.26(2)(am) contesting the conduct of a District Attorney and as a result have a judge assign a special prosecutor.

I am not a lawyer but it seems to me that the Jackson County Board of Supervisors and/or the county lawyer have no legal standing on the issue.
 

BerettaFS92Custom

Regular Member
Joined
Jan 31, 2010
Messages
232
Location
mid south but not madison , , USA
wanna be criminal prosecutor

978.05 Duties of the district attorney. The district attorney
shall:
blah blah blah blah ...


+ 1000000 on the post
I am not a lawyer but it seems to me that the Jackson County Board of Supervisors and/or the county lawyer have no legal standing on the issue.

IANAL either but these clowns ( all of them) need to be removed from office for not being American. What is next? some lawyer on the street decides to start prosecuting state and county crimes? then we all will be in jail for anything they "feel" is a law violation.
 
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Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Tangential to the good Captain's point, ordinance violations are not criminal violations. Only the State can make criminal charges.

His best point is that the County, a political sub-division of the State, has no say in the prosecution of statutes.

So, what effect does § 66.0409 have on this hierarchy and on Article XI, § 3?
 
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Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
As Doug says neither a county board or coporate council has prosecutorial authority as regards state stautes, it is enforcement of state statutes that is at issue in this situation not local ordinances. At the county level only the District Attorney Office, under purview of the Department of Justice can charge and prosecute violation of state statutes. That duty as outlined under duties of the district attorney can not be voided by some decision of a local political unit. It can only be affected by judicial action.

At least thats how I interpret the previous quoted statutes. IANL
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
As Doug says neither a county board or coporate council has prosecutorial authority as regards state stautes, it is enforcement of state statutes that is at issue in this situation not local ordinances. At the county level only the District Attorney Office, under purview of the Department of Justice can charge and prosecute violation of state statutes. That duty as outlined under duties of the district attorney can not be voided by some decision of a local political unit. It can only be affected by judicial action.

At least thats how I interpret the previous quoted statutes. IANL

That is what I thought.

Unless the County Board creates county ordinances that mirror state statutes, there is nothing to worry about. But the city already has an ordinance about public buildings, which I have not seen or read.
 
B

bhancock

Guest
Chief Gilberg has already promised to write citations for violations of municipal ordinances. I have not acquired a copy of them yet, so I am not sure what they have on the books and what may have been adjusted recently in response to Fox. I do know that they will be conspiring to get their way, having spent some time in BRF and having just a couple brushes with the law there growing up I can tell you that the LEO's there have in the past been a close knit group very willing to cover each others arse's. My brother still lives in BRF and tells me that not much has changed in that realm of thinking. But obviously Gerald Fox was elected as DA so we know there have to be a few freedom fighters in town.
 

bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
We will meet across the street from Moe's Hardware at 5:00PM. Wear your WCI shirt if you have one. I have SOME if you need one (might have your size).

I will bring a few extra empty holsters, if you need one.

After the meeting, we WILL go to diner at a local establishment. I will be carrying when we eat diner.

Now a personal note:

I carried at the Jackson County Fair. There wasn't any panic or anything at all. The county board wants to take action so I would have been thrown to the ground, arrested at gun point, jailed, had my gun taken, and all this in front of my children.

The County Board needs to explain why they want to jail otherwise law-abiding citizens simply because we carry!

Added:

I just received notification from the Jackson County Republican Party. They are notifying all their members and encouraging them to attend.
 
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bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
OK Ladies and gentlemen. In addition to support from the local Republicans, there are/were people who printed and handed out hand bills at the Melrose Corn Broil this weekend.

I really hope we can make a strong showing to send a clear message
 

Mlutz

Regular Member
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Feb 26, 2010
Messages
758
Location
, ,
Work calls... :( Did anyone contact Fox to let him know he might be working late "tonight"?
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
Bump.

When goforlow wakes up this afternoon, I am going to call him and have him call Mr. Gibbs, as I may be in need of a lawyer.

I think if Fox does not win reelection, I think he will be hunting for consitiutional challange cases. Another 2A rights attorney. AWESOME.
 
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bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
Fox’s decision comes amid an agreement that the corporation counsel and DA’s offices came to in July 2009, which outlines prosecutorial duties for each office. In terms of ordinances related to firearms, the county has two — one that prohibits possession of firearms in public places and a second that restricts carrying a concealed weapon.

That agreement outlined that the DA’s office would prosecute the ordinance related to carrying a concealed weapon; the district attorney only can enforce ordinances that are in strict accordance with state statues. The corporation counsel’s office, on the other hand, would prosecute possession of firearms in public places.

What constitutes a public place? Doesn't the paper and the corporation counsel realize that he too (corporation counsel) is bound by the same state law and therfore, "only can enforce ordinances that are in strict accordance with state statues"
 
B

bhancock

Guest
They know we are watching now!

http://www.weau.com/home/headlines/100834449.html

Standing room only and a packed hallway at the courthouse. Interesting turn that the news report took to focus on concealed carry. It appears that County attorney Skolos made that the main issue to the news reporter. That was part of the issue reported by locals, but the discussion sounds like it was a bit broader at the Executive committee meeting last week. A few more than a half dozen freedom fighters showed up to that meeting and the issue was tabled because of them being there, otherwise it would have been on the full board agenda tonight.

Keep the pressure on and Carry On!
 

Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
We have just witnessed the power of the internet. Much to the chagrin of most political bodies the internet along with the freedom of information act has made all levels of government more transparent. Before the internet most city council meetings, town board meetings and county board meetings were attended by but a few people. As a result many laws were passed in "the dark of night" so to speak. That is, a handful of people plus the board made the decisions for all the people in it's jurisdiction. Laws were on the "book" before many of us even knew about them. Things have change. Through the power of the internet political shenanigans can be uncovered and rallies and protests formed in short order. Good job Hubert. We must take heed of this success and keep pounding the keyboard and making our voices heard. Maybe "We the people---- " will mean something again.
 
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