Thursday, August 05, 2010

Constitutional Law: Did City Atty’s Subpoena Sticker Violate Law? Just a Paper-Saving Device, He Says - ABA JOURNAL

Posted Aug 5, 2010 2:11 PM CDT
By Martha Neil

Over the past five years or so, when a municipal judge in Madison, Wis., sent out a subpoena at least some of the documents also featured an official-looking sticker asking the recipient to call the city attorney's office to discuss his or her testimony.

The problem is, the sticker wasn't part of the subpoena okayed by the judge. And state law prohibits altering a subpoena, reports the Isthmus.

The issue hit the press after one of the subpoenas was sent to a colleague of Erik Guenther, who serves as president of the Wisconsin chapter of the American Civil Liberties Union. He complained to the judge and the stickers have now been eliminated, the article reports.

However, city attorney Michael May says there was no intention to do anything wrong.

"It was an attempt by our office to provide additional information without having to include another, separate piece of paper," he tells the publication. "We affixed it below the judge's signature, right above the notation currently on the subpoena that says, 'Call 266-4511 if you have any questions.' "

You can view the original article here.

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