Commentary by John A. Becker: Learn the law, stop this nonsense - Kenosha News
The Wisconsin Statutes provide that no suit may be brought against governmental officials, agents or employees for acts done in the exercise of quasi-legislative or quasi-judicial functions.
This statute was initially interpreted to be for tort claims against governmental bodies or their employees. In a later case, the Wisconsin Supreme Court held that this statute applies to all suits against public officials, not just claims for money damages. It was also held to apply when the state makes a claim against another governmental unit.
The reasons for granting protection to public officials against such suits are based largely upon public policy considerations. These public policy reasons include:
The danger of influencing public officers in the performance of their functions by the threat of a lawsuit, the deterrent effect which the threat of personal liability might have on those who are considering entering public service, and the feeling that the ballot and removal procedures are more appropriate methods of dealing with misconduct in public office.
A criminal complaint against the Wisconsin Elections Commission commissioners would be a suit brought against a government official. The Wisconsin Supreme Court has stated that decisions involving the type made by the commissioners are the type of policies to which the statute applies.
Although the Supreme Court has not directly ruled on a case where criminal charges were commenced against an official when performing a discretionary governmental function, the statute says that “no suit may be commenced” against such person. Criminal charges against the commissioners would be a suit by the state against these individuals for discretionary acts done in the exercise of quasi-legislative or quasi-judicial functions.
There are public officials, law enforcement personnel, and candidates for attorney general, who are proposing criminal charges against the commissioners. These people, especially the ones running for attorney general of the State of Wisconsin, should know the law. Anyone suggesting a criminal suit against the election commissioners seems to be doing so merely for political purposes. They should learn the law and stop this nonsense.
source: https://www.kenoshanews.com/opinion/columnists/commentary-by-john-a-becker-learn-the-law-stop-this-nonsense/article_963ffcde-b361-11ec-84b0-3fba5593504b.html
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