MADISON, Wis. -- A judge said on Friday that he wouldn't throw out misconduct charges against state Rep. Scott Jensen, R-Waukesha.

During the hearing in Dane County court, Judge Steven Ebert refused Jensen's arguments that Democratic prosecutors targeted him because he was a Republican.

Ebert said that Dane County District Attorney Brian Blanchard, who is a Democrat, had broad discretion in choosing who to charge in the probe into illegal campaigning at the state Capitol. Jensen is accused of using state staff and resources to run private political campaigns

The investigation resulted in three felony misconduct in office counts against Jensen, who is the former Assembly speaker, WISC-TV reported.

Ebert said that the same investigation also resulted in charges against Democratic state Sens. Brian Burke and Chuck Chvala.

Jensen's attorney had argued that Blanchard singled out Jensen and two fellow party members -- former Reps. Steve Foti, of Oconomowoc, and Bonnie Ladwig, of Racine.

Foti, once the second-ranking lawmaker in the Assembly, struck a deal with prosecutors and pleaded guilty to corruption charges last month. As part of the agreement, Foti agreed to testify against Jensen.

Two other ex-lawmakers -- Burke and Chvala -- were sentenced to jail time. Former Assistant Assembly Majority Leader Ladwig is expected to pay $4,500 in fines and restitution, WISC-TV reported.

Besides Jensen, Friday's hearing also pertained to Sherry Schultz, a former legislative aide who faces similar charges, WISC-TV reported.

Jensen's attorney also claimed in motions filed in court that the practice of having aides do campaign work on state time was common place at the Capitol long before Jensen was accused of doing it.

The lawyers also filed to have the trial's venue changed, but that too was rejected. Ebert said coverage of the case so far had been fair and that it would not prejudice a jury.

Jensen's trial is set to begin on Feb. 21.

Prosser's Involvement Still Unclear

State Supreme Court justice David Prosser was subpoenaed to appear in court and might testify for Jensen at his trial.

Prooser, a former Republican leader and now a justice, is prepared to testify that for seven years as an Assembly leader, he used taxpayer-funded caucus staff for campaigning, just as Jensen is accused of doing, according to a recent defense brief.

Prosser said that it's up to the court whether he testifies. He also downplayed statements about his past campaign work.

"I answered questions and I was here on a subpoena," he said.

Jay Heck, executive director for Common Cause in Wisconsin, said that this news is an intriguing development, WISC-TV reported.

"Having a sitting Supreme Court justice admit that there was a crossing of the line between politics and public policy-making --perhaps illegally-- I think is very surprising," Heck said.

Heck said that he's not surprised that campaign work under the dome was going on all through the '90s. He said that the question now is whether what Prosser did back then should have any influence on Jensen's trial.