An arbitrator will determine what amounts individuals convicted in the Capitol caucus scandal will have to pay in restitution.

That decision, by Dane County Judge Steven Ebert, came at the request of former Assembly Speaker Scott Jensen's defense attorney. Steven Meyer was asked whether proposed restitution of up to several hundred thousand dollars, was an unfair burden on his client. “I think the whole prosecution was an unfair assault upon my client, and this just adds to it,” said Meyer, adding that Judge Ebert's decision, to refer the restitutions claims against Jensen, former Representative Steve Foti and former legislative aide Sherry Schultz to an arbitrator, “makes all the sense in the world.” Meyer and the other defense attorneys argued that they'd had insufficient time to prepare a response to the restitution order, which was filed last week. Dane County District Attorney Brian Blanchard said Judge Ebert's decision was a first for him. “I've never participated in a hearing where this has been done, but the statute does clearly provide for it,” he said.

Ebert referred the restitution settlement to Dane County reserve Judge Jerry Nichol, and ordered a report on the matter be returned to him within sixty days.

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