Chvala will face criminal charges
10:47 AM 10/16/02
Phil Brinkman State government reporter

State Senate Majority Leader Chuck Chvala will face criminal charges as early as today, including soliciting campaign contributions in exchange for action on legislation, Chvala's attorney and officials with the Milwaukee County district attorney's office said Wednesday.

The exact nature of the charges are still secret. But their imminent release was the subject of a hearing in Dane County Circuit Court Wednesday in which Chvala sought unsuccessfully to stop a criminal complaint from being filed, arguing it was the result of a vendetta against him by a "prosecutor with an ax to grind."

Charges against Chvala, considered one of the most powerful people in state government, could spell the end of his political career, throw the leadership of the Democratic-controlled state Senate into disarray and hurt the re-election prospects of several colleagues in the Nov. 5 election.

At least four fellow Senate Democrats called on Chvala, D-Madison, to resign his leadership post, which he has held off and on since 1996.

"We're all kind of in a state of disbelief and despair and sadness," said Sen. Judy Robson, D-Beloit. "But we're also picking up the pieces and will continue to do the people's businesses."

A complaint also is expected against Chvala's top assistant, Doug Burnett, according to court records.

At Wednesday's hearing before Dane County Circuit Judge Paul Higginbotham, both Chvala's attorney, Patrick Knight, and Assistant Milwaukee County District Attorney David Feiss said charges were expected today.

Milwaukee County District Attorney E. Michael McCann later distanced himself from that statement, refusing to say when the charges would be filed.

"You can infer what you wish from the proceedings," McCann said afterward. "(But) there's no restraining order against us from going forward."

The only indication of wrongdoing came in a previously sealed finding by Dane County Circuit Judge Sarah O'Brien, who is overseeing a secret investigation into allegations of illegal campaign activity by legislators and their staff. Higginbotham unsealed the order before Wednesday's hearing.

In that order, issued Monday, O'Brien said "probable cause exists to support the allegations of criminal conduct made against Sen. Charles Chvala and Douglas Burnett" and authorized prosecutors to file a criminal complaint against the pair "and any additional defendant named in any complaint or information."

Burnett, Chvala's chief of staff, has worked for the senator since 1993. His attorney, Greg Rothstein, could not be reached for comment Wednesday.

The charges stem from a 17-month investigation into alleged ethics and campaign finance violations by staff of the four legislative caucuses and their leaders. The allegations were first raised by the Wisconsin State Journal in May 2001.

Chvala, 47, has long been considered a target of that probe, as have other current and former legislative leaders, including Assembly Speaker Scott Jensen, R-Waukesha, and Assembly Majority Leader Steven Foti, R-Oconomowoc.

Chvala declined to comment after Wednesday's hearing. He has refused to speak to the Wisconsin State Journal since the newspaper printed allegations by a former staffer one year ago that Chvala used state employees to help run campaigns on state time.

In June, state Sen. Brian Burke, D-Milwaukee, was charged with 18 felonies for allegedly using his state resources to run his campaign, soliciting lobbyists for donations on state property, falsifying expense vouchers and concealing or altering public documents.

Dane County District Attorney Brian Blanchard is leading the investigation into three of the caucuses. McCann was tapped to investigate the activities of the Senate Democratic Caucus - and its leader, Chvala - after Blanchard revealed he received limited campaign assistance from staffers of that caucus.

At Wednesday's hearing, Knight asked to have McCann thrown off the investigation, arguing he has a personal grudge against the senator and could end up being a witness in any case against Chvala.

Knight alleged that McCann, while president of the Wisconsin District Attorneys Association, urged Chvala in 2000 to pass a constitutional amendment increasing the term of district attorneys from two years to four years. The bill had passed the Assembly twice, but Chvala refused to bring it up for a vote in the Senate.

McCann, who argued the longer terms would allow for "less politicking and more prosecuting," was quoted at the time as saying Chvala's position on the bill was "key."

In an affidavit, Knight said he interviewed former association lobbyist Jolene Plautz who said she suggested members contribute to key Democratic Senate campaigns to move the bill along.

Plautz said McCann and other members of the association's executive board were angry at Chvala and said their bill would never pass so long as he was majority leader, Knight said.

Knight also cited a letter by Waukesha District Attorney Paul Bucher in which Bucher recalled either Plautz or Chvala asking association members to donate to then-Democratic Sen. Alice Clausing's re-election campaign in exchange for scheduling the bill for a vote.

"I feel that he (Chvala) did imply, if not directly, certainly indirectly, that the only way that would occur would be if we assisted Sen. Clausing because I remember after leaving the meeting I mentioned to District Attorney McCann that I had to go home and take a shower because I felt dirty," Bucher wrote in his letter to Knight.

McCann's office said Wednesday those allegations will not be part of the complaint against Chvala. But because they are similar to other "pay-to-play" charges expected to be brought, Knight argued, McCann could be called as a witness if the case goes to trial, creating a conflict of interest with the prosecution.

Higginbotham denied the request, saying it should have been brought before O'Brien and in any event can be raised before the trial judge after the complaint is filed.

Knight argued that by then the damage will have been done.

If charges are filed, Knight said, "Chvala will suffer the loss of his chosen career, his reputation and, perhaps, any ability to engage in a similar profession for the remainder of his life. Chvala is a career politician. The issuance of felony charges will effectively end his career and any political weight and credibility he once possessed would be rendered nonexistent."

Even so, charges alone would not require Chvala's removal from the Senate - especially if he's acquitted.

State law requires lawmakers be removed from office if they have been convicted of a felony and been sentenced. That's because the office is reserved for "qualified electors" - people who can vote. State law bars felons from voting.
indentChvala's term expires at the end of 2004.
indentAs a lawyer, Chvala also could face professional discipline if convicted, ranging from a private reprimand to revocation of his law license.
indent

State Journal reporters Ed Treleven, Tom Sheehan and Scott Milfred contributed to this report.
indent