Noted: The law Motley is seeking to use — Wisconsin Statute 968.02 — is similar to a John Doe proceeding, but is technically not the same thing, according to Keith Findley, a professor of law at the University of Wisconsin-Madison.
Findley said the law is essentially used as a check on the court system. Findley also said Statute 968.02 means a judge has more discretion when it comes to filing charges. Under the statute, a judge “may” file charges if they find probable cause.