Wisconsin Legislature: Computerized records

Contracts providing for the maintenance of state highways by the counties may be executed by the county highway committees without the approval of the county boards. 65-140

Termination of joint tenancy

A certificate of termination of joint tenancy is not an instrument of conveyance which requires a real estate transfer return under sec. 77.22(1), Stats. (Unpub.). 19-1982

Turnkey" construction method

County housing authority, in providing housing for the low income and elderly, can, by reason of sec. 59.075(4), Stats., utilize "Turnkey" construction method without bids. 66-31

Where the village board administers a community development block grant program, a member of the village board would violate section 946.13(1)(a), Stats., if he or she obtained a loan in excess of $5,000 under the program. Acting in his private capacity as a contractor, the board member would violate section 946.13(1) if he contracted to perform the construction work for a third person who obtained a loan under the program. 76-278

COOPERATIVE EDUCATIONAL SERVICES AGENCIES

CESA and purchase of real estate

School district members of cooperative educational service agencies who unsuccessfully oppose purchase of real estate are obliged to pay their share of the costs of the acquisition of that real estate, and the CESA may sue those districts if they do not fulfill their financial obligation. The board of control may set the appropriate share for the school districts if the money used for acquisition is not state or local aids under section 116.08(1), Stats. 80-296

Contracts, constitutional consideration

1971 Assembly Bill 1577 would violate the Establishment Clause of the First Amendment to the U.S. Constitution and sec. 18 of art. I of the Wisconsin Constitution. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62-75

Driver education programs in schools

A school district and a cooperative educational service agency may not, without legislative authority, contract with a private driving school and receive state aid for pupil driving instruction services performed by such driving school. 76-26

Real estate

Legislative grant of power to CESA districts to "acquire space" includes power to purchase real estate. 68-139

Compilations of court opinions

Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45

Computerized records

Computerized compilation of bibliographic records discussed in relation to copyright law; under public records law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133

Court decisions

Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45

Judicial opinions

Appellate court opinions cannot be protected by copyright and copyright protection applicable to compilations of court opinions is very limited if present at all. 81-45

Natural Resources, Department of

The Department of Natural Resources may seek to obtain copyrights for publications entitled "Walleye Waters," "Trout Waters," "Musky Waters" and "Canoe Waters" which were written and compiled by state employes on state time provided the copyrights have not been invalidated due to the omission of the copyright notice. 76-162

Online Computer Library Center (OCLC) compilations

CORONER

See also COUNTY MEDICAL EXAMINER

Abolishing elective office

County Board in county under 500,000 can abolish elective office of coroner and implement medical examiner system to be effective at end of incumbent coroner's term. Language in 61 OAG 355 (1972) inconsistent herewith is withdrawn. 63-361

Accidents

Where accident occurs in one county and victim is transported to another county, and death occurs there, coroner where death occurs has duty to immediately report death to coroner of county where crime, injury or event occurred, and coroner of latter county has authority to investigate and duty to hold inquest if he deems it necessary or if directed by district attorney of his county. 62-127

Authority

With one exception, sec. 979.125, Stats., does not operate as a limitation on the authority of the coroner to order the conducting of autopsies under secs. 979.01 and 979.121, Stats. 68-55

Cremation permits

Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or anyone else qualified to receive a corpse can, however, receive a corpse for research without first obtaining the cremation permit. Section 979.10 only requires that the permit be obtained before the corpse is cremated. 77-218

Deputy, appointment of

A county coroner can legally appoint a deputy coroner after the time limit for such appointment set forth in section 59.365(1), Stats. 74-198

Fire department assistant chief

The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. 78-49

Menominee

The positions of county coroner and tribal police officer are incompatible governmental positions but the positions of deputy county coroner and tribal conservation warden are not incompatible. 77-293

Open Meeting Law

Open Meeting Law does not apply to a coroner's inquest. 67-250

Police officer

Powers

The County Board of a county with a population less than 500,000 may abolish the position of undersheriff and transfer all statutory duties and powers of an undersheriff, including those set forth in sec. 59.21(8)(b)1., Stats., to the civil service position of chief deputy sheriff, created under sec. 59.21(8), Stats. The coroner does not exercise the powers and duties of the sheriff, under the authority of sec. 59.34(2), Stats., when there is no sheriff, if the functions, duties, responsibilities and privileges of undersheriff have been properly transferred, pursuant to sec. 59.025(3)(b), (c), Stats., to the position of chief deputy sheriff, which is created and filled, pursuant to sec. 59.21(8), Stats. (Unpub.). 25-1982

CORPORATION COUNSEL

See also COUNTY CORPORATION COUNSEL; DISTRICT ATTORNEY

Conflict of interest

1. Cannot accept employment as defense counsel for those whose interests are directly adverse to the state or county if employed part-time as corporation counsel. 2. 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. 3. 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

County Board

Although a county board in a county with a population of under 500,000 has no permanent or continuing authority to retain special counsel, it may obtain special counsel with the approval of the circuit court under sec. 59.44 on a case-by-case basis in those situations where the district attorney or corporation counsel is unable to continue to perform his or her duties without potentially violating the rules of professional conduct established by the Wisconsin Supreme Court. Unless otherwise provided by statute, in those situations where legal services are required in civil matters and the provisions of sec. 59.44 cannot be utilized, the district attorney or corporation counsel has the exclusive authority to perform or supervise the provision of those services. 72-113

County Board may not by resolution require either a full time district attorney or the corporation counsel to advise town officers on matters of strictly town business, and may not engage special counsel for such purpose. 72-179

County Department of Social Services