Happ, Schimel Both Say John Doe Reform May Be Necessary

Both of the candidates for attorney general say the legal wrangling caused by the John Doe investigation involving Gov. Scott Walker has caused the public to lose confidence in how the courts deal with alleged election law violations.

During an interview with the Milwaukee Journal Sentinel this week, the Republican in the race, Waukesha County District Attorney Brad Schimel, said that evidence gathered in a John Doe process is supposed to be kept secret. He said that hasn’t been the case in this investigation into possible political wrongdoing.

“It works well when you’re investigating a drug conspiracy, or a murder, or a missing person,,” said Schimel. “”Those things it cam be an effective tool. The problem is, when it’s used to investigate political problems, it gets political.”

Schimel said that he’s concerned that the case has dragged on despite rulings by some judges in the case that there’s no evidence of criminal wrongdoing. He said that if elected, he’d work with the Legislature to change how the law is used in such cases.

“We could certainly also create a law that addresses John Doe proceedings or investigations when you’re doing a political-type investigation,” said Schimel. “Put some additional checks and balances in so you don’t have a local DA with so much unfettered power.”

Schimel’s opponent Jefferson County DA Susan Happ said she’s also open to reforming the law. However, she said that as attorney general she would assist local DAs in investigations of election law violations — something the current Attorney General J.B. Van Hollen has been unwilling to do.

“As district attorney and as attorney general, certainly anyone who betrays the public trust should be investigated and that is whether they’re Democrat or Republican,” said Happ.

In a poll of likely voters released this week, Happ and Schimel were tied at 41.5 percent of the vote apiece among self-identified likely voters.