Judge authorizes complaint against Chvala

October 16, 2002


MADISON - A judge blocked Senate Majority Leader Chuck Chvala's attempt Wednesday to stop prosecutors from filing charges against him in the yearlong probe into allegations of illegal campaigning at the state Capitol.

Milwaukee County Assistant District Attorney David Feiss told Dane County Circuit Judge Paul Higginbotham that he was prepared to file charges Thursday against Chvala. Feiss and District Attorney E. Michael McCann would not comment after Wednesday's hearing on when they would file charges.

"There's no restraining order against us from going forward," McCann said.

Feiss said Dane County District Judge Sarah O'Brien authorized the charges against Chvala earlier this week, but he did not specify what charges.

Chvala, D-Madison, would not comment following the hearing.

Chvala's attorney, Patrick Knight, was in court Wednesday to ask a judge to remove McCann from the case because of a conflict of interest.

But Feiss told the judge, "It's too late. The train is already out of the station," referring to the complaint authorization.

Knight accused McCann of a conflict of interest and asked that McCann be stopped from proceeding with his investigation.

The investigation has been going on for more than a year since the Wisconsin State Journal of Madison first reported that staffers with the now-defunct legislative caucuses did campaign work on state time, in violation of the law.

Sen. Brian Burke, D-Milwaukee, is the only legislator charged in the probe so far.

Chvala, along with Assembly Speaker Scott Jensen, R-Waukesha, have been mentioned as possible targets in the probe.

Knight said McCann had a conflict of interest against Chvala because as president of the Wisconsin District Attorneys Association, he lobbied unsuccessfully for legislation to extend the terms of office for district attorneys from two years to four years.


Associated Press