July 2, 2009 (MADISON, Wis.) --
A state appeals court has asked the Wisconsin Supreme Court to clarify a judge's role in accepting or denying plea agreements.The questions stem from a case involving Joshua Conger of Fond du Lac. Conger was charged in 2007 with possessing marijuana in Fond du Lac County. He struck a deal with prosecutors to reduce a felony charge to three misdemeanors.
But Judge Peter Grimm rejected the deal, saying the case involved too much marijuana and noting that police objected to changing a felony to misdemeanors.
The 4th District Court of Appeals says the high court should determine when and how a judge should weigh plea bargains.
Four of the Supreme Court's seven justices must decide to accept the case.