A Dane County Court began a hearing Tuesday for Brian Blanchard, Dane County district attorney, who is investigating the caucus scandal case.

Blanchard is being investigated for allegedly benefiting from legislative caucus employees campaigning for him on state time.

The hearing will determine whether Blanchard has a conflict of interest in continuing the investigation and whether he will be allowed to continue his investigation into the state’s lawsuit involving allegations that other state employees illegally campaigned on state time.

The only person charged in the investigation, Sen. Brian Burke, D-Milwaukee, filed a motion Monday asking that the special prosecutor for his case be changed.

Burke claimed that someone other than Milwaukee County district attorney E. Michael McCann should conduct an independent investigation of Blanchard for the John Doe lawsuits involving the caucus.

“The revelations about Dane County district attorney Brian Blanchard’s past campaign practices, as well as his lack of candor about them, are profoundly disturbing,” Burke said in a statement.

“While it is gratifying that someone has finally heard the call I made months ago to fully investigate this matter, it is outrageous that Mr. Blanchard has not seen fit to disclose his conduct until one of his ex-campaign worker’s conscience got the best of him and he threatened to go public when Mr. Blanchard would not.”

Blanchard has acknowledged that during his 2000 campaign, he may have received assistance from caucus workers.

Last week, Blanchard went to Dane County Circuit Judge Sarah O’Brien after he received an e-mail from an unpaid volunteer suggesting caucus workers were more involved in his campaign.

Burke said McCann would be unable to conduct a fair investigation of Blanchard, because they have been working so closely on the investigation.

“Together, he and Mr. Blanchard have worked side by side on the John Doe proceedings, sharing duties, information and decision-making,” Burke said.

Burke said he believes he did nothing wrong and never before had allegations of this type been prosecuted as felonies.

“It now appears, more than ever before, that Mr. Blanchard has been untruthful for well over a year about his own use of state resources, making the complaint against me painfully ironic,” he said. “While he apparently believes that the allegations against me are worthy of a century in prison, he believes that, despite his own conduct, he should be permitted to continue with the leadership of an unprecedented, history-making investigation that has already dramatically altered Wisconsin’s democracy.”

Blanchard previously said he thinks his campaign did not act improperly.

“I continue to believe, based on all the information available to me, that I can bring the Capitol investigation cases on which I have been working to their ends fairly and in the interests of justice,” Blanchard said. “I have no personal axe to grind in these cases and can continue leading a responsible and thorough investigation without fear or favor.”

Burke was charged with 18 felonies June 25, including counts for using his public office to raise money for his attorney general campaign.

He has also charged that Blanchard used state resources for his district attorney campaign two years ago. If convicted, Burke will be allowed to finish his position before serving jail time.