The Dane County Sheriff’s Office, which was tasked with investigating allegations that Justice David Prosser put a “chokehold” on Justice Ann Walsh Bradley, has concluded its investigation without a recommendation of prosecution.

As reported by JSOnline (via SteveEgg and Charlie Sykes):

An investigation into an altercation between two state Supreme Court justices has been turned over to prosecutors.

Dane County District Attorney Ismael Ozanne said Monday he received the investigative file from the Dane County Sheriff’s Office on Thursday. Investigators made no recommendation on whether to charge anyone, Ozanne said.

Ozanne said he is now reviewing whether his office has a conflict of interest in handling the case. Justices were arguing over a case Ozanne was involved in when Justices David Prosser and Ann Walsh Bradley got into a physical dispute. Ozanne said he hopes to reach a decision this week on whether to have his office handle it or refer it to a special prosecutor.

I wouldn’t read too much into the lack of a recommendation, since the Dane County Sheriff came under serious criticism because of his political connection to Democrats on the Supreme Court.  He may simply have viewed it as cleaner to complete the report and let the District Attorney’s Office make conclusions, if any, as to prosecution.