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Certiorari — Availability

State ex rel. David C. Myers v. Swenson, 2004 WI App 224

For Myers: Christopher T. Sundberg; Bruce D. Huibregtse

Issue/Holding:

¶8 Myers appears to argue that the Wisconsin courts retain the ability to conduct certiorari review of a Wisconsin inmate’s due process or equal protection challenge to a disciplinary action, even if the challenge involves conduct and a disciplinary proceeding that took place while the inmate was housed out of state. However, certiorari review of administrative proceedings is available only “when no legislative provision establishes how review may be had.” State ex rel. Curtis v. Litscher, 2002 WI App 172, ¶12, 256 Wis. 2d 787, 650 N.W.2d 43. Thus, if our legislature has provided a means of judicial review, Myers may not bypass that means and seek relief through certiorari review.

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