Duties of corporation counsel in county over 500,000 concerning paternity matters under secs. 52.21-52.45, Stats., cannot be transferred to legal counsel employed in a separate department created pursuant to powers in sec. 59.025, Stats. (Unpub.). 22-1978
Police files
The police may justifiably prevent a district attorney from inspecting their investigation files on pending criminal cases to determine whether there is exculpatory evidence which must be disclosed to a defendant only in those exceptional instances in which a compelling need to maintain secrecy out weighs the constitutional and statutory considerations ordinarily demanding access. 76-262
Police legal advisor
County Board has no power to authorize Sheriff to employ a police legal advisor to give day-to-day advice to the Sheriff unless such person is an assistant district attorney or assistant county corporation counsel. 65-245
Private counsel
Neither the Soil and Water District Board nor the County Board has the power to retain private counsel except as provided by sec. 59.44(3), Stats. The District is primarily liable for legal fees incurred to date. 70-234
Private practice
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31
Protective placement
Neither District Attorney nor Corporation Counsel have a duty to petition for protective placement, determination of incompetency or otherwise intervene where an apparently competent elderly person with life threatening illness chooses to remain at home under doctor's and family care rather than seek a higher level of care which might extend her life. 74-188
Public records
District Attorneys do not presently possess legal authorization to destroy documentary materials, made or received in connection with the transaction of public business, and retained by them as evidence of their activities or functions because of the information they contain, even though the documents are found in closed files. 68-17
Salaries
District attorneys are not "public officer[s]" within the meaning of that term in article IV, section 26 of the Wisconsin Constitution, and the Legislature may, therefore, increase or diminish the salaries of district attorneys during their terms of office. 79-149
A grant from the Wisconsin Office of Justice Assistance may properly be paid as salary increases to the district attorney and his or her assistants in the form of overtime, without violating section 59.49(1), Stats., provided the county makes allowance for such grant funds in its budget and duly passes salary increases for the district attorney and his assistants as provided by sections 66.197 and 59.15(2)(c). 77-63
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31
Social Services, County Department of
The duty to represent the County Department of Social Services rests solely with the District Attorney or Corporation Counsel and County Boards lack the authority to engage and compensate any other person or entity for such work. 70-136
Staff positions
It is the responsibility of the county to develop position descriptions, determine salaries and compile a list of eligible applicants for investigative and support staff positions within the district attorney's office. It is the district attorney's responsibility to approve each new member of the investigative and support staff and to supervise such staff after it is hired. 80-19
Traffic violations
District Attorneys have a statutory duty to prosecute state traffic violations. District Attorneys cannot properly refuse to prosecute state actions when such refusal is based on consideration of the ultimate deposition of the proceeds from such actions. Such consideration is for the Legislature, not the District Attorney. 64-157
Wage claims, collection of
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
DISTRICT VOCATIONAL, TECHNICAL AND ADULT EDUCATION BOARD
See VOCATIONAL, TECHNICAL AND ADULT EDUCATION, BOARD OF
DIVORCE
See MARRIAGE AND DIVORCE
DOCUMENTS
Articles of Incorporation
The drafting of Articles of Incorporation and other corporate documents to be filed with the Secretary of State constitutes the practice of law within the meaning of sec. 256.30(2), Stats. Any relaxation of this restriction is a question for the Wisconsin Supreme Court. 65-173
Official seal
A circuit or county court may use as its official seal on documents an ink seal printed by a rubber stamp. 66-275
DOG LICENSE FUND
See LICENSES AND PERMITS
DOMICILE
See RESIDENCE, DOMICILE AND LEGAL SETTLEMENT
DRAINAGE DISTRICTS
Powers of
1. The powers of the Drainage District Board are not superseded by the Shoreline Zoning Board of the Department of Natural Resources; however, drainage ditches which are navigable are within the jurisdiction of the Department of Natural Resources pursuant to sec. 144.26(2)(d), Stats. The only specific exemption from the jurisdiction of the Department of Natural Resources regarding navigable waters is that of sec. 30.19(1)(d), Stats., concerning the agricultural uses of land. 2. Although soil conservation districts and drainage districts are created for a different purpose, some activities of both accomplish similar ends; therefore, each district retains control over those activities which it undertakes for the purposes for which it was created. 3. The Department of Natural Resources determines dam regulations for dams on drainage ditches, regardless of the purpose of the dam. 63-355
DRIVERS
See AUTOMOBILES AND MOTOR VEHICLES; IMPLIED CONSENT LAW
DRIVING WHILE INTOXICATED
See DRUNK DRIVING; IMPLIED CONSENT LAW
DRUGS
See also DAIRY, FOOD AND DRUGS; INTOXICATING LIQUORS
Contraceptives
Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11(5), Stats. 66-158
Controlled substances
Researcher must obtain Controlled Substances Board registration to obtain controlled substances under Wisconsin law even though such substances are exempt under federal law. (Unpub.). 66-1976
County ordinance
Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205
Locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Testing locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
