165.015 Annotation
The attorney general, absent specific legislative grant of power, is devoid of the inherent power to initiate and prosecute litigation intended to protect or promote the interests of the state or its citizens and cannot act for the state as a parens patriae. Estate of Sharp, 63 W (2d) 254, 217 NW (2d) 258.
165.015 Annotation
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
165.017
165.017
Review of certain detentions or petitions for commitment. 165.017(1)(1) The attorney general or his or her designee shall review and approve or disapprove all proposed emergency detentions or emergency detentions of individuals as specified under
s. 51.15 (1) (c) 1.
165.017(2)
(2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under
s. 51.20 (1) (ad) 1.
165.017(4)
(4) Subsection (2) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of
s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of
s. 51.20 (1) (a) 2. e.
165.017(5)
(5) This section does not apply after November 30, 2001.
165.017 History
History: 1995 a. 292.
165.055(1)(1) The attorney general may appoint a deputy attorney general and assistants each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes.
165.055(2)
(2) The deputy attorney general shall give a bond to the state in the sum of $5,000, with good and sufficient sureties, to be approved by the governor, conditioned for the faithful performance of the deputy attorney general's duties and the attorney general shall be responsible for all acts of the deputy attorney general.
165.055(3)
(3) The attorney general may appoint in the unclassified service a director of research and information services.
165.055(4)
(4) The attorney general shall appoint, in the unclassified service, the administrator of the legal services division subject to
s. 230.08 (4) (a).
165.055 Annotation
See note to 801.11, citing 63 Atty. Gen. 467.
165.065
165.065
Assistant attorney generals; antitrust. 165.065(1)
(1) At least one assistant attorney general shall be assigned to the investigation and prosecution of violations arising under
ch. 133 and shall carry out the duties imposed on the attorney general by
ch. 133. All apparent violations of
ch. 133 which come to the attention of any officer or agency of state government shall be reported to one of such assistant attorneys general. All officers and agencies shall cooperate with and assist the department of justice in the investigation and prosecution of such apparent violations.
165.065(2)
(2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under
s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.
165.065 History
History: 1977 c. 29 s.
1650m (4);
1977 c. 260.
165.08
165.08
Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.
165.09
165.09
Removal of barriers to trade or movement of dairy products. The attorney general may take such action as he or she deems necessary in order to contest or oppose existing statutes, ordinances, regulations, orders or other trade barriers which may restrict the sale in other states of milk or other dairy products produced in Wisconsin; study and investigate problems concerning the free movement of milk and other dairy products in interstate commerce and present the results thereof to such legislative and executive agencies of the federal government and the several states, such studies, investigations and presentations to executive and legislative agencies to be made either individually or jointly with others.
165.09 History
History: 1993 a. 482.
165.25
165.25
Duties of department of justice. The department of justice shall:
165.25(1)
(1) Represent state. Except as provided in
s. 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party; and, if requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employe or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The public service commission may request under
s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under
s. 20.455 (1) (d).
165.25(2)
(2) Prosecute breaches of bonds and contracts. Prosecute, at the request of the governor, or of the head of any department of the state government any official bond or any contract in which the state is interested, deposited with any of them, upon a breach thereof, and prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with any of their departments except in those cases where other provision is made.
165.25(3)
(3) Advise district attorneys. Consult and advise with the district attorneys when requested by them in all matters pertaining to the duties of their office.
165.25(3m)
(3m) Review obscenity cases. Review obscenity cases submitted to the department by district attorneys under
s. 944.21 (7). The attorney general shall determine whether a prosecution may be commenced.
165.25(3r)
(3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of
chs. 561 to
569 or Indian gaming compacts entered into under
s. 14.035 and defend any department, agency, official, employe or agent under
subs. (1),
(4) (a) and
(6).
165.25(4)
(4) Furnish legal services; appropriation. 165.25(4)(a)(a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.
165.25(4)(am)
(am) The department of justice shall furnish legal services to the department of regulation and licensing in all proceedings under
s. 440.21 (3), together with any other services, including stenographic and investigational, as are necessarily connected with the legal services.
165.25(4)(ar)
(ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of
ss. 100.18,
100.182,
100.20,
100.205,
100.207,
100.21,
100.28,
100.50,
134.22,
134.42,
134.68,
134.70,
134.74,
134.83 and
134.85 and
chs. 136,
344,
704,
707 and
779, together with any other services as are necessarily connected to the legal services.
165.25(4)(b)
(b) The department of justice shall furnish bond counsel services to the building commission when the building commission contracts public debt under
subch. I of ch. 18.
165.25(4)(bn)
(bn) The department of justice shall provide legal services, other than those relating to civil actions or opinions, under
ch. 150 to the department of health and family services.
165.25(4)(c)
(c) The department shall at the end of each fiscal year, except for programs financed out of the general fund and except for services required to be provided by statute other than this subsection, render to the respective agencies enumerated in this subsection an itemized statement of the total cost of the legal and other services including travel expenses and legal expenses enumerated in
s. 20.455 (1) (d).
165.25(4)(d)
(d) Upon receipt of the statement, the respective agency head shall audit the statement and upon finding it to be correct shall certify the amount of the statement to the department of administration to be paid into the general fund out of the agency's proper appropriation.
165.25(5)
(5) Prepare forms. Whenever requested by the head of any department of the state government, the department of justice shall prepare proper drafts of forms for contracts and other writings which may be wanted for the use of the state.
165.25(6)(a)(a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employe or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employe or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employe's or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in
s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers and employes of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under
s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under
s. 655.275 (2) and persons consulting with that council under
s. 655.275 (5) (b) are covered by this section with respect to actions, claims or other matters arising before, on or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.
165.25(6)(b)
(b) Volunteer health care providers who provide services under
s. 146.89 are, for the provision of those services, covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(c)
(c) Physicians under
s. 252.04 (9) (b) are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(e)
(e) The department of justice may appear for and defend the state or any state department, agency, official or employe in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under
42 USC 9607. The action may be compromised and settled in the same manner as provided in
par. (a). At the request of the department of natural resources, the department of justice may provide legal representation to the state or to the department of natural resources in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employe of the state or as a waiver of sovereign immunity.
165.25(6m)
(6m) Attorney for state witnesses. At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employe or agent who is required to appear as a witness in any administrative or civil matter.
165.25(7)
(7) Keep record of actions. The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with
s. 16.61.
165.25(8)
(8) Historical society contracts. In
subs. (1),
(6) and
(6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employe or agent of such a corporation as a state official, employe or agent.
165.25(8m)
(8m) Local emergency planning committees. In
subs. (1),
(6) and
(6m), treat any local emergency planning committee appointed by a county board under
s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employe or agent.
165.25(9)
(9) Perform other duties. The department of justice shall perform all other duties imposed upon the department by law.
165.25 History
History: 1971 c. 125 s.
522 (1);
1971 c. 215;
1973 c. 333;
1975 c. 81,
199;
1977 c. 29 s.
1656 (27);
1977 c. 187,
260,
273,
344;
1981 c. 20,
62,
96;
1983 a. 27;
1983 a. 36 s.
96 (2), (3), (4);
1983 a. 192;
1985 a. 29,
66;
1987 a. 416;
1989 a. 31,
115,
187,
206,
359;
1991 a. 25,
39,
269;
1993 a. 27,
28,
365;
1995 a. 27 ss.
4453 to
4454m,
9126 (19);
1995 a. 201.
165.25 Annotation
State Emergency Response Board Committee and Local Emergency Planning Committee subcommittee members appointed by a county board are entitled to indemnity for damage liability under s. 895.46 and legal representation by the attorney general under s. 165.25.
81 Atty. Gen. 17.
165.25 Annotation
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
165.255
165.255
Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under
s. 980.02 (1), represent the state in sexually violent person commitment proceedings under
ch. 980.
165.255 History
History: 1993 a. 479.
165.26
165.26
Department of justice may have cases printed. In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in
s. 20.455 (1) (d).
165.26 History
History: 1971 c. 125 s.
522 (1);
1977 c. 29 s.
1656 (27);
1977 c. 187 s.
85; Stats. 1977 s. 165.26.
165.30
165.30
Collection of delinquent obligations. 165.30(1)(b)
(b) "Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.
165.30(2)
(2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.
165.30(3)(a)(a) All obligations collected by the department of justice under this section shall be paid to the state treasurer and deposited in the appropriate fund.
165.30(3)(b)
(b) From the amount of obligations collected by the department of justice under this section, the treasurer shall credit an amount equal to the reasonable and necessary expenses incurred by the department related to collecting those obligations to the appropriation account under
s. 20.455 (1) (gs).
165.30 History
History: 1995 a. 27.
165.50
165.50
Criminal investigation. 165.50(1)
(1) The department of justice shall perform the following criminal investigatory functions for the state:
165.50(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.50(2)
(2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers.
165.50(3)
(3) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue — earned.
165.51
165.51
State fire marshal. The attorney general shall designate an employe as the state fire marshal.
165.51 History
History: 1977 c. 260;
1985 a. 29.
165.55
165.55
Arson investigation. 165.55(1)(1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in his or her city, village or town by which property has been destroyed or damaged when the damage exceeds $500, and on fires of unknown origin he or she shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of incendiary origin, he or she shall report the same to the state fire marshal.
165.55(2)
(2) The department of justice shall supervise and direct the investigation of fires of incendiary origin when the state fire marshal deems the investigation expedient.
165.55(3)
(3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under
s. 941.11,
943.01,
943.012,
943.013,
943.02,
943.03 or
943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.
165.55(4)
(4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 500,000 or more.
165.55(7)
(7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.
165.55(8)
(8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal's discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.
165.55(9)
(9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.
165.55(10)
(10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in
s. 66.123. The definition of a public building under
s. 101.01 (12) applies to this subsection. No special inspection warrant is required:
165.55(10)(a)
(a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;
165.55(10)(b)
(b) For investigations which occur during or immediately after the fire fighting process; or
165.55(10)(c)
(c) For searches of public buildings which are open to the public.
165.55(10m)
(10m) Any investigation or inspection authorized under
sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.
165.55(11)
(11) All officers who perform any service at the request of the state fire marshal or the state fire marshal's subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.
165.55(13)
(13) Any officer named in
subs. (1) and
(2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.
165.55(14)
(14) The state fire marshal, any deputy fire marshal or fire chief may require an insurer, including the state acting under
ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal or fire chief information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal or fire chief, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal or fire chief, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal or fire chief and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal or fire chief during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
