Another home for Doe records?

Judge suggests keeping sealed copies in federal court

Madison — A federal judge floated the idea Thursday of having his court hang onto millions of emails and other documents turned up in an investigation of Gov. Scott Walker’s campaign and his conservative backers.

That would leave two copies of the records in existence — both kept under seal — and set up a potential dispute between whether the state or federal judiciary, or both, should be in charge of the records. The state Supreme Court last year found no wrongdoing and ended the probe.

It ordered the special prosecutor who conducted it to turn over records from the investigation and an earlier one to the state court and destroy other copies.

But prosecutors and investigators have asked U.S. District Judge Lynn Adelman to allow them to hang onto those records because they are being sued by a former Walker aide who alleges her civil rights were violated during the earlier probe.

The prosecutors and investigators say they need access to the records to defend themselves.

In a telephone conference with the two sides Thursday, Adelman asked whether he could have prosecutors turn copies of the records over to his court along with the state Supreme Court.

The records would be kept under seal and either side could seek copies of them as the civil rights lawsuit continues, he said.

Adelman said he wouldn’t make a ruling on the issue until after he holds arguments on April 13.

Milwaukee District Attorney John Chisholm, a Democrat, conducted two probes related to the GOP governor.

The first one focused on Walker’s time as Milwaukee County executive and resulted in six convictions of his aides and associates for crimes such as doing campaign work while being paid by taxpayers. Walker was not charged.

The second probe looked into whether the governor’s campaign illegally coordinated with conservative groups in recall elections in 2011 and 2012. That investigation was the one terminated by the state Supreme Court.

Cindy Archer, who served as a top aide to Walker as county executive and governor, sued prosecutors in federal court in July.

Adelman is hearing that case, which alleges Chisholm had engaged in a “continuous campaign of harassment and intimidation” of Walker supporters.

Archer, whose home was raided in 2011, was investigated in John Doe I for campaigning on county time and bid rigging, but she was not charged.

Her attorney, Mark DeLaquil, argued the second probe is relevant to her lawsuit because it shows a pattern of behavior by Chisholm.

He contended the records of the probes should be kept with the state Supreme Court, rather than Adelman or others.

Lawyers for the prosecutors and investigators said they wanted to explore Adelman’s idea of having his court retain copies of the records.

They said they were worried they would not have access to the records if only the state Supreme Court has them.

Adelman expressed concerns about how the federal case would be conducted if only the state Supreme Court had the records.