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 The powers of the Drainage District Board are not superseded by the Shoreline Zoning Board of the Department of Natural Resources; however, drainage ditches which are navigable are within the jurisdiction of the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
Municipal ordinances
Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107
Prescribed drugs
Provisions of ch. 168, Laws of 1975, allow only limited substitution of prescribed drugs through a formulary. 65-137
Prescription drugs
The practice of dispensing drugs, medicines, or other articles by physicians' office personnel permitted by 41 OAG 23 (1952) within the purview of sec. 450.04(3), Stats., is not in violation of sec. 450.04(2), Stats., prohibiting dispensing of such items by persons other than registered pharmacists or registered assistant pharmacists under pharmacist supervision, or in violation of sec. 450.07, Stats., prohibiting the delivering of a prescription drug without a prescription of a practitioner. Long-standing 41 OAG 23 is not modified. Violations of secs. 450.04(2) or 450.07(2), Stats., should be reported to appropriate law enforcement authorities. 63-335
Prisons and prisoners
Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178
Rail safety
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
Vitamins
Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in stores other than pharmacies. 66-137
DRUNK DRIVING
See also IMPLIED CONSENT LAW
Arrest and release
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Confinement to rehabilitation facility
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Implied Consent Law
