Standards of Review: Administrative Decision – Certiorari, de novo in part

State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order

For Riesch: Christopher J. Cherella

Issue/Holding:

¶13. Certiorari review for parole revocation is limited to four questions: “(1) whether the agency stayed within its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive or unreasonable, representing its will, not its judgment; and (4) whether the evidence was such that it might reasonably make the order or determination in question.” State ex rel. Thorson v. Schwarz, 2004 WI 96, ¶12, 274 Wis. 2d 1, 681 N.W.2d 941.¶14. Here, Riesch’s claim implicates the first two inquiries. He submits that the Division acted outside its jurisdiction and contrary to law in revoking his parole status because he was not on parole at the time of revocation. Resolution of these matters present questions of law subject to independent appellate review. See State ex rel. Curtis v. Litscher, 2002 WI App 172, ¶10, 256 Wis. 2d 787, 650 N.W.2d 43.

Also see State ex rel. Gary Tate v. Schwarz, 2002 WI 127, ¶¶15-16, reversing 2001 WI App 131