A state appeals court rejected the request to dismiss felony charges against two Republican legislators and a state aide Thursday.
State Assembly Majority Leader Steve Foti, R-Oconomowoc, former speaker Scott Jensen, R-Waukesha, and former Foti aide Sherry Schultz are charged with illegally using state resources to raise campaign contributions.
The three asked the court to dismiss the felony charges because the state misconduct statute is unconstitutionally vague.
The state misconduct statute does not specifically prohibit campaigning on state time. But according to UW-Madison political science Professor Donald Downs, the statute does not have to restrict campaigning on state time specifically to prohibit it. The defendants are questioning the validity of the law in place of denying the allegations, he said.
\No one's contesting the claim that this kind of activity was going on,"" Downs said. ""Jensen is not saying we didn't do this thing. He's saying that it's either not wrong or the law under which it's been declared illegal is itself unconstitutionally valid.""
Jensen faces one misdemeanor and three felony charges. Foti and Schultz each face one felony charge.
The three also argued their behaviors did not constitute a felony and should be addressed in the legislature and not in court.
""Even if the [District Attorney] were accurate in all of his accusations, all we did was break the rules of the assembly,"" Foti said. ""You can't lump together a bunch of violations and call it a felony.""
According to UW-Madison political science Professor Donald Kettl, however, the court was right to uphold the felony charges.
""It's always understandable when defendants try to do everything they can either to delay or to eliminate the possibility of a trial,"" he said. ""But this is an issue that, because of who's involved and because of the nature of the charges, really demands the fullest and most open possible investigation.""
According to Foti, the case against Jensen, Schultz and himself has been unfairly interpreted.
""Funny how the Attorney General who spent a year and a half driving to and from Fond du Lac without claiming mileage had to pay a fine and then you interpret ours to be a felony,"" Foti said. ""It would be our argument that the district attorney is extremely bipartisan and that these are politically motivated charges.\
