-Name of Form: FORM SUMMARY Appointment of Special Prosecutor Form Number: CR-210 Statutory Reference: §§978.045, Wisconsin Statutes Purpose of Form: To appoint an attorney to serve as a special prosecutor. Who Completes It: If the district attorney is making the request, the district attorney will complete the appropriate portions and submit the form to the judge for signing. If the judge is making the appointment, the judge will complete the form. Distribution of Form: Original to court file, copy to State Prosecutors Office, copy to County Clerk of county that may be paying disbursements, copy to attorney appointed. Accompanying Forms: Generally none. New Form/Modification: Modification, last update 10/97. Modifications: Added a file/date stamp area to upper left corner. Added a statement on the bottom indicating that the form shall not be modified. Previous modification: The statute that previously governed the appointment of a special prosecutor on the court's own motion (§757.27) was repealed by 1993, Wis. Act 16. The provisions for such an appointment were recreated in §978.045(1r). The legislature also modified the process for appointment of a special prosecutor at the request of the district attorney. The two processes have been combined into this one form. The old form "Judicial Appointment of Special Prosecutor", CR-216, has been withdrawn. Comments: Section 978.045(1g), Wisconsin Statutes, indicates that the district attorney or court is required to notify the Department of Administration of efforts to first obtain the assistance of another district attorney, deputy district attorney, assistant district attorney, or assistant attorney general when a private attorney is being appointed. The Department of Administration has indicated that use of this form complies with the notice requirement and no separate documentation is needed. This form can also be used for appointments under §978.05(8)(b), Wisconsin Statutes, when an attorney from another prosecutorial unit or assistant attorney general is appearing for and assisting the district attorney. Technically, no formal order need be made in these cases. However, many district attorneys and courts prefer to have a formal appointment order in these cases so that a paper trail exists of the authority of such a person to act. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 11/19/99 Page 1 2001 © American LegalNet, Inc. For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Appointment of Special Prosecutor under Chapter 978 I am the district attorney for prosecutor under §978.045, Wisconsin Statutes. County and request the appointment of a special Signature of District Attorney Name Printed or Typed Date The court on its own motion is appointing a special prosecutor under §978.045, Wisconsin Statutes. APPOINTMENT ORDER THE COURT FINDS AND ORDERS: 1. 2. 3. 4. 5. Attorney is appointed special prosecutor for: The period to , plus reasonable preparation time. The matter of: State of Wisconsin Other: vs. , Case No. . The reason for the appointment: There is no district attorney for the county. The district attorney is absent from the county. The district attorney is physically unable to attend to duties or has a mental incapacity that impairs ability to perform duties. The district attorney has a conflict of interest under statute: . The district attorney is serving in the U.S. armed forces. The district attorney is charged with a crime and the governor has not acted under §17.11, Wisconsin Statutes. Other statutory reason: . Cite statute: Compensation is set at the following rate: No compensation is to be paid because this person is from another prosecutorial unit or an assistant attorney general. Hourly rate specified in §977.08(4m)(b), Wisconsin Statutes. Other: Disbursements shall be submitted to County for payment, if incurred. The Department of Administration shall pay the compensation ordered by the court. BY THE COURT: > Send a copy of this Appointment to: 1. Director State Prosecutor’s Office Department of Administration P.O. Box 7869 Madison, WI 53707-7869 Telephone: (608)267-2700 2. County Clerk of county responsible for paying disbursements. Signature of Circuit Judge Name Printed or Typed Date OATH AND CONSENT TO SERVE I accept this appointment and (swear) or (affirm) that I will support the constitutions of the United States and the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability. Notary Public, State of Wisconsin Signature of Attorney Telephone Number Name Printed or Typed Subscribed and sworn to before me on Bar Number Address of Principal Office My commission expires: CR-210, 11/99 Appointment of Special Prosecutor §978.045, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 2001 © American LegalNet, Inc.