Schmitz v. Hon. Gregory A. Peterson
Annotate this CaseAt issue here was the authority of Attorney Francis Schmitz to act as the special prosecutor throughout proceedings known as “John Doe II.” Unnamed Movants challenged whether Attorney Schmitz retained any authority to act as the special prosecutor and argued that two motions filed by Attorney Schmitz - a motion for reconsideration of a previous decision issued by the Supreme Court and a stay of the Court’s mandate regarding certain information gathered during an investigation - be denied. The Supreme Court held (1) Attorney Schmitz’s appointment as the special prosecutor in the John Doe II proceedings pending in each of five counties at issue was invalid; (2) the authority of someone who is appointed as a special prosecutor ends at the point in time when a court makes a legal ruling that the appointment was invalid and orders that the individual’s authority is terminated; (3) because of the invalidity of his appointment, Attorney Schmitz must cease taking any actions as the John Doe II special prosecutor as of the date of this opinion and order; and (4) Attorney Schmitz’s motion for reconsideration and motion for a stay are hereby denied.
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