LRBs0075/1
RPN:jld:rs
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 142
May 13, 2003 - Offered by Representative Ziegelbauer.
AB142-ASA1,1,2
1An Act to create 885.01 (6) of the statutes;
relating to: the authority of
2attorneys representing criminal defendants to issue subpoenas.
Analysis by the Legislative Reference Bureau
Current law allows various public officials, including judges, court
commissioners, arbitrators, the attorney general, district attorneys, coroners, and
chairpersons of local elected bodies, to issue a subpoena to require the attendance of
a witness at a proceeding, hearing, or trial. Under current law, an attorney of record
in a civil action or proceeding also has the power to issue a subpoena to require the
attendance of a witness at a deposition, hearing, or trial in the civil action. Attorneys
representing defendants in criminal matters are not listed in the statutes as having
authority to issue subpoenas. Current law provides that the rules of practice in civil
actions apply in criminal actions, unless otherwise specified. However, because
there is no specific authority giving attorneys representing criminal defendants the
power to issue subpoenas, there is some question as to whether those attorneys
currently have that authority.
This bill specifically gives attorneys representing criminal defendants the same
power to issue subpoenas as is currently provided to public officials and attorneys in
civil actions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB142-ASA1,2,22
885.01
(6) By an attorney of record in a criminal action or proceeding.
AB142-ASA1,2,54
(1) This act first applies to actions or proceedings pending on the effective date
5of this subsection.
