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State legislators not immune from criminal arrest.(Wisconsin)

Wisconsin Law Journal

| November 06, 2002 | COPYRIGHT 2002 Dolan Media Newswires. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: David Ziemer

The term, "breach of the peace," as used in the Wisconsin Constitution, refers to all misdemeanors, not just those involving violence or the threat of violence, the Wisconsin Court of Appeals held on Oct. 31.

Thus, legislators have no immunity from any criminal arrest, regardless of the nature of the crime.

Corruption Probe

State Senator Brian Burke was charged in criminal court with 18 felony counts. He moved to stay the proceedings until 15 days after the end of the current legislative session, claiming that he was exempt from the proceedings, pursuant to Article IV, Section 15, of the Wisconsin Constitution.

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