Wisconsin lawmakers take testimony on victim rights bill

MADISON - Wisconsin would rewrite its constitution to better protect crime victimsunder legislation debated Thursday.

State Attorney General Brad Schimel backed the legislation in testimony to the Senate Judiciary and Public Safety Committee and Assembly Committee on Criminal Justice and Public Safety.

"The passage of this amendment will send the message to crime victims that the criminal justice system will be a safe place for them to seek services and assert their rights," Schimel said. "We believe justice isn't served until crime victims are." 

Wisconsin already has strong rights for crime victims written into state law, but the proposal would elevate and strengthen those protections by putting them into the state's charter. The legislation would allow victims to decline to provide evidence to the defense and refuse to be interviewed by the attorneys for the accused.

Teri Jendusa Nicolai, a supporter of the proposal and crime victim who was kidnapped, beaten and left for dead by her ex-husband, said the argument is really about whether to give as many "teeth" and rights to victims as criminals have.

Skeptics say the legislation could conflict with a fundamental principle in the justice system that guarantees defendants the right to a fair trial. 

Criminal defense lawyer Dean Strang said the proposal could expose the state to additional legal liability.

"We better be prepared to write large checks to victims when any of the constitutional rights may be violated," Strang said. "If there isn't money for damages, then there isn't real teeth at all to this provision."

Some also say the measure is too vague and that state laws are strong enough to protect crime victims. 

"The amendment appears to make broad promises to victims that are going to be difficult to keep," said Cecelia Klingele, an associate professor at University of Wisconsin Law School. 

The bill has received strong support, with 40 members of the Legislature signing onto it as co-sponsors. But amending the constitution requires two successive Legislatures to vote in favor of a proposal and then have voters to approve it in a referendum — a process that would take until 2019 at the earliest.  

To address questions over whether the joint resolution would tip the justice scale too far on the victim's side, the bill's sponsors cleared up language to ensure that a victim's rights don't override a defendant's rights during prosecution. 

"I've heard repeatedly that we are trying to shift the balance of justice from a defendant to a victim and the prosecution. This is just not true," said state Sen. Van Wanggaard, who chaired the committee hearing and is a sponsor of the bill. "(Victims) are not gaining any additional rights." 

The proposal would only apply to criminal cases, not civil. It would also add to current law by extending a victim's right to attend all of their accused's hearings. 

The proposal is named "Marsy's law" after Marsy Nicholas, a California woman who was killed by her former boyfriend in 1983. Wisconsin could be the sixth state to adopt the proposal.