Noted: The law Motley is using — Wisconsin statute 968.02 — is similar to a John Doe proceeding, but it 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 968.02 a judge “may” file charges if they find probable cause.