CHAPTER 978
DISTRICT ATTORNEYS
978.01 Number of district attorneys; election; term.
978.02 Eligibility for office.
978.03 Deputies and assistants in certain prosecutorial units.
978.04 Assistants in certain prosecutorial units.
978.041 Population estimates of prosecutorial units.
978.043 Assistants for prosecution of sexually violent person commitment cases.
978.044 Assistants to perform restorative justice services.
978.045 Special prosecutors.
978.047 Investigators; police powers.
978.05 Duties of the district attorney.
978.06 Restriction on district attorney.
978.07 Obsolete district attorney records.
978.08 Preservation of certain evidence.
978.12 Salaries and benefits of district attorney and state employees in office of district attorney.
978.13 Operational expenses of district attorney offices.
Ch. 978 Cross-reference
Cross-reference: See definitions in s.
967.02.
978.001
978.001
Definitions. In this chapter:
978.001(1g)
(1g) "Law firm" means a private firm of attorneys, the legal department of a governmental unit or agency, a corporation or another organization or a legal services organization.
978.001(1p)
(1p) "Prosecution system" means all of the prosecutorial units.
978.001 History
History: 1989 a. 31;
1991 a. 188.
978.01
978.01
Number of district attorneys; election; term. 978.01(1)(1) There shall be 71 district attorneys elected for full terms at the general election held in each even-numbered year. The regular term of office for each district attorney is 2 years, commencing on the first Monday of January next succeeding his or her election. Each county is a prosecutorial unit and shall elect a district attorney, except that Shawano and Menominee counties form one 2-county prosecutorial unit and shall elect a single district attorney by the combined electorate of the 2 counties.
978.01(2)(a)(a) Except as provided in
par. (b), each district attorney serves on a full-time basis.
978.01(2)(b)
(b) A district attorney serves on a part-time basis if his or her prosecutorial unit consists of Buffalo, Florence, Pepin, Trempealeau or Vernon county.
978.02
978.02
Eligibility for office. No person is eligible to hold the office of district attorney unless he or she is licensed to practice law in this state and resides in the prosecutorial unit from which he or she was elected.
978.02 History
History: 1989 a. 31.
978.02 Annotation
An entity characterized as the "office of the district attorney" or "district attorney", separate from the elected official, does not have authority to sue or be sued. Buchanan v. City of Kenosha,
57 F. Supp. 2d 675 (1999).
978.03
978.03
Deputies and assistants in certain prosecutorial units. 978.03(1)(1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with
s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(1m)
(1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with
s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(2)
(2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with
s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(3)
(3) Any assistant district attorney under
sub. (1),
(1m) or
(2) must be an attorney admitted to practice law in this state and, except as provided in
ss. 978.043 and
978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under
sub. (1),
(1m), or
(2) may appoint such temporary counsel as may be authorized by the department of administration.
978.04
978.04
Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with
s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in
s. 978.043, may perform any duty required by law to be performed by the district attorney.
978.04 History
History: 1989 a. 31;
1999 a. 9.
978.041
978.041
Population estimates of prosecutorial units. In
ss. 978.03 and
978.04, the population of a prosecutorial unit is the population estimate for the unit as last determined by the department of administration under
s. 16.96.
978.041 History
History: 1993 a. 16.
978.043
978.043
Assistants for prosecution of sexually violent person commitment cases. The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under
ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under
ch. 980 in any prosecutorial unit in this state.
978.043 History
History: 1999 a. 9.
978.044
978.044
Assistants to perform restorative justice services. 978.044(1)(b)
(b) "Offender" means an individual who is, or could be, charged with committing a crime or who is, or could be, the subject of a petition under
ch. 938 alleging that he or she has committed a crime.
978.044(2)
(2) Duties. The district attorneys of Milwaukee county and the county selected under
sub. (4) shall each assign one assistant district attorney in his or her prosecutorial unit to be a restorative justice coordinator. An assistant district attorney assigned under this subsection to be a restorative justice coordinator shall do all the following:
978.044(2)(a)
(a) Establish restorative justice programs that provide support to the victim, help reintegrate the victim into community life, and provide a forum where an offender may meet with the victim or engage in other activities to do all of the following:
978.044(2)(a)1.
1. Discuss the impact of the offender's crime on the victim or on the community.
978.044(2)(a)2.
2. Explore potential restorative responses by the offender.
978.044(2)(a)3.
3. Provide methods for reintegrating the offender into community life.
978.044(2)(b)
(b) Provide assistance to the district attorney in other counties relating to the establishment of restorative justice programs, as described in
par. (a).