SHARE About John Doe Separate but related criminal investigations initiated by Milwaukee County prosecutors have examined events and activities during Scott Walker's time as Milwaukee County executive and as governor. Prosecutors have conducted the probes under the state's "John Doe" statutes that grant extraordinary powers to investigators to compel testimony and maintain secrecy. The first John Doe investigation, begun in 2010, led to convictions of six Walker aides, associates or appointees on charges ranging from theft from a veteran's group to misconduct in office. The second Doe probe, launched in 2012, looked into coordination between conservative political organizations and Walker and other candidates during recall elections. The second probe was halted in May 2014 by a federal judge who agreed that the investigation denied one of the conservative groups' its free-speech rights. No charges have been filed in the second investigation. Walker has denied wrongdoing. See full coverage in John Doe special section

By of the

Madison— Two of the five district attorneys involved in an investigation of Gov. Scott Walker's campaign and conservative groups are walking away from an attempt to revive the probe that the state Supreme Court terminated this summer.

In a letter and court filing last week, Dodge County District Attorney Kurt Klomberg wrote he would not seek to intervene in litigation over the probe as a way to get the matter before the U.S. Supreme Court. Columbia County District Attorney Jane Kohlwey sent a nearly identical letter on Monday.

Special prosecutor Francis Schmitz has said he wants the nation's high court to get involved.

"I am writing to inform you that I will not be seeking intervention," Klomberg wrote four other district attorneys on Dec. 9. "I also write to provide you notice that I will not agree to appoint any of you as the prosecutor of the Dodge County portion of this matter."

The conservative website Wisconsin Watchdog first reported on Klomberg's filings and posted a copy of them online. Klomberg declined to release a copy to the Milwaukee Journal Sentinel because the documents had been sealed by the Wisconsin Supreme Court.

Kohlwey on Tuesday provided the Journal Sentinel with a copy of her letter to other district attorneys.

The letters from Klomberg and Kohlwey mean the two Republican district attorneys won't pursue the probe, leaving it up to three Democrats to decide what to do.

Milwaukee County District Attorney John Chisholm launched the probe in 2012 under the John Doe law, which allows prosecutors to compel targets and witnesses to produce documents and give testimony. The probe focused on whether the GOP governor's campaign had illegally worked with conservative groups in recall elections in 2011 and 2012.

Chisholm was joined by Klomberg, Kohlwey and two other district attorneys — Ismael Ozanne of Dane County and Larry Nelson of Iowa County — because of where subjects of the probe resided. At the request of the district attorneys, the judge overseeing the investigation put Schmitz in charge of it as special prosecutor.

In a 4-2 ruling in July, the state Supreme Court ended the investigation, finding that candidates and issue groups can work together closely. This month in a 4-1 decision, the court rejected a request from Schmitz to reconsider the decision and concluded he had been improperly appointed as special prosecutor.

It gave district attorneys until this Friday to seek to intervene in the litigation, which would give them a chance to ask the U.S. Supreme Court to review its rulings. Prosecutors could also ask the U.S. Supreme Court to weigh in on whether state Justices Michael Gableman and David Prosser were able to hear the case; Schmitz argued they couldn't because of help their campaigns had received when they ran for their seats on the court.

In their letters, Klomberg and Kohlwey wrote they started investigations in their counties based on information provided to them by Chisholm and the state Government Accountability Board, which enforces campaign finance laws. Once Schmitz was put in charge of the probe, they said they had no role in directing the investigation.

Klomberg wrote that one reason he thought a special prosecutor should be involved is because he is active in Republican Party politics and his wife is treasurer of the Dodge County Republican Party, making him believe "a conflict of interest was likely to arise."

Chisholm, Ozanne and Nelson — the three Democratic district attorneys involved in the probe — did not respond to questions Tuesday about whether they would intervene in the litigation to try to get the case before the U.S. Supreme Court.

An initial filing with the U.S. Supreme Court could top $25,000, with the cost greatly increasing if that court agreed to take the case, according to a memo written last week by Milwaukee County Corporation Counsel Paul Bargren. His memo said some supervisors may want to have the county help pay those costs.

Chisholm is evaluating the merits of an appeal and reviewing how it could be funded, according to Bargren.