A former Wisconsin state senator pled guilty at the Dane County Courthouse Wednesday to charges he misused his Capitol office and obstructed police.
Former State Sen. Brian Burke, D-Milwaukee, was convicted of one felony count of misuse of public office and one misdemeanor count of obstructing a police officer after he reached a plea agreement with Dane County District Attorney Brian Blanchard Monday.
"Mr. Burke is now standing before the court, making a difficult decision, I'm sure, to enter a plea of guilty to the conduct we have charged," Blanchard said. "That is an acceptance of responsibility and that means something in our system of justice. There is no need for a trial; he is admitting to what he did wrong."
Burke was charged in 2002 with soliciting campaign money from his Senate office for his run for Wisconsin attorney general. The charges also alleged Burke directed his state office staff to obtain contributions for Burke's campaign and that Burke obstructed an investigation by altering or destroying evidence of his misconduct that had been subpoenaed.
Blanchard said three main objectives were accomplished by the plea deal. Burke admitted to the charge he misused his office to campaign for the attorney general race. The second aspect of the deal was Burke's admission of guilt to the misdemeanor charge of obstructing an officer. Third, Burke admitted he accepted state stipend payments for 10 days during which he did not work for the state.
"Mr. Burke is acknowledging and agreeing to make full restitution to the State of Wisconsin for all losses suffered through criminal conduct," Blanchard said.
The charges came about in what is known as the "legislative caucus scandal" that left Burke and four other state legislators from both parties accused of improper use of their public offices and using state employees to further their campaigns. Former Sen. Chuck Chvala, D-Madison; former Rep. Steve Foti, R-Oconomowoc; Rep. Scott Jensen, R-Brookfield; and a Foti aide were also charged with felonies in the investigation. Chvala's trial is scheduled to commence Oct. 31, while the other legislators accused will stand trial sometime in early 2006.
Burke is the first legislator to be convicted of wrongdoing in the Capitol Corruption case; however, similar cases of public-office misconduct occurred prior to the Burke case.
"The state will ask for jail time in this case at a level that we think is consistent with others who have committed similar conduct," Blanchard said.
Blanchard recommended Burke serve no more than six months in jail, two years probation and pay a fine of no more than $2,500. Burke also admitted his guilt to other criminal charges, though no extra punishment will be assessed for those counts, and Burke has agreed to pay restitution to the state for the money spent employing state staff who worked on his campaign. Burke's jail term and restitution payment amount will be determined Nov. 30 in a sentencing hearing.
The agreement between Blanchard and Burke "got to the heart and soul" of the corruption case, presiding Dane County Circuit Court Judge William Foust said.
Common Cause in Wisconsin Executive Director Jay Heck said Burke's conviction will send a strong message that "wrongdoing will not be tolerated" in the state.
"It's a sad day in Wisconsin politics because Brian Burke was an able, articulate legislator," Heck said. "But I think his judgment was compromised by his perceived need to raise money to run for higher office, and that problem still exists in Wisconsin today."
Blanchard said he felt the plea agreement was fair, especially when considering three mitigating factors: there was no evidence of other crimes committed by Burke that were not in the original complaint; Burke had no prior criminal history; and the DA's office felt the misconduct had not taken place over a long period of time.
"It was serious conduct, it was systematic, it was wrong and he is pleading guilty to a felony," Blanchard said. "But, big picture, thinking about what is really going on here, we do not have evidence of a long-running scheme to defraud the state."
Heck said Burke's plea deal was reasonable under the circumstances and that plea bargains in cases like this are "not out of the ordinary."
However, the corruption case is a symptom of the need for campaign-finance reform in Wisconsin, Heck said. Legislators have been feeling pressure to raise as much money as possible for campaigns to further their political careers, Heck added, often at the expense of taxpayers and the law.
"I hope the governor and the Legislature would take this seriously and begin to move to clean up Wisconsin politics," he said, "because if they don't, then I fear the alternative will be more scandal and more disgrace in the future."