State Court Certiorari Review

What happens after a person has exhausted his administrative proceedings?

A certiorari review by a court is available to people who want to challenge a decision that affects them, made by an administrative agency.

The court's authority is limited to determining:

1.  Whether the administrative agency kept within its jurisdiction.
2.  Whether the division of parole and probation acted according to law in
      making the decision.  This includes whether the State or Federal
      Constitutions, State Statutes, or the Wisconsin Administrative Code
      rules were violated.
3.  Whether the administrative decision was arbitrary, oppressive or
      unreasonable and represented the agency's will rather than its judgment.
     The administrator is supposed to reach a reasonable decision based
      on the evidence presented.
4.  Whether, based on the evidence, the administrator would reasonable
      have decided as she did.

Administrator of Adult Field Supervision Decision on Discharge Certificate, dated May 30, 2013, and received June 08, 2013.

"It is my findings that you are still subject to the Department of Corrections's authority under extended supervision component of your sentence in Milwaukee County Court Case #05CF63".

"Your aggregate extended supervision term, as ordered by the court...will not expire until July 27, 2018".  "While  you may have received a discharge certificate...of Milwaukee County Case #05CF63, this does not translate to an absolute discharge from the other components of the sentence".  "You will receive a separate discharge certificate after you reach the termination date for extended supervision".

Here is the problem:  The legal purpose of the "discharge certificate is the evidence that a convicted person has served his sentence or otherwise satisfied the judgment against him and that that person is restored to his civil rights".  Wis. Stat. 304.078.