Ethics Board did not investigate caucus allegations, judge says
11:51 AM 1/11/02
Scott Milfred State government reporter
After reviewing two boxes of still-secret documents, a Dane County circuit judge concluded Friday that the state Ethics Board never investigated state lawmakers or their staffs for possible ethics violations in connection with the caucus scandal.
During a hearing Friday, Judge John Albert said he reviewed the records he got from the Ethics Board and found that the board's staff conducted just one interview. The notes from that interview filled a single piece of paper, the judge said, holding it above his bench.
"Early on, the Ethics Board made a judgment to place its investigation on hold - even before it began," Albert said.
Instead, the board's staff worked hard to negotiate a settlement with top lawmakers to end the caucus controversy, Albert said. The settlement concluded with the elimination of the four caucus offices - one each for Democrats and Republicans in both the state Senate and Assembly.
A State Journal investigation last year showed that many of the state employees who worked in the caucus offices campaigned for lawmakers on state time or with state resources in apparent violation of state law.
"It's very clear to me that an enormous amount of work was done over several months" by the Ethics Board, Albert said. "But it's equally clear that that hard work did not constitute an investigation."
The Wisconsin State Journal and Milwaukee Journal Sentinel are fighting in court for public access to the Ethics Board documents. In refusing to release the records, the Ethics Board cites a state law protecting disclosure of documents "obtained or prepared by the board in connection with an investigation."
Albert initially said Friday he was going to order the Ethics Board documents open for public inspection. But after hearing a protest from Steve Hurley, the Ethics Board's attorney, Albert delayed his decision.
Hurley said the judge might conclude an investigation did occur if he heard testimony from Ethics Board staff.
"You've reached a conclusion and order with incomplete facts," Hurley told the judge. "I don't think that's fair."
The judge gave Hurley until Feb. 6 to submit more facts to the court. The newspapers' attorney, Bob Dreps, will then have until Feb. 22 to respond.
Albert said the secret documents include evidence that the Ethics Board held many briefings. The board also complied a list of people to interview and a week-by-week outline for how an investigation could proceed. But "I saw no evidence that the tasks were initiated," the judge said.