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
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
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
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
District attorney
District attorneys, whether compensated on a full-time or part-time basis, have a duty to represent the interests of the county and state in child support and paternity matters under sec. 46.25, Stats., petitions for a child alleged to be in need of protection or services under sec. 48.13, Stats., mental commitments, pursuant to sec. 51.20, Stats., alcohol commitments under sec. 51.45, Stats., and petitions for appointment of a guardian under sec. 880.295(1), Stats., where the County Board has not assigned such duties to a county corporation counsel. 70-148
Duties of D.A. cannot be diminished or enlarged by County Board except where certain duties are transferred to corporation counsel. (Unpub.). 76-1977
Duties
Duties and obligations of the corporation counsel in involuntary civil commitment proceedings under chapter 51, Stats., discussed. 79-129
.42/51.437 Boards
Corporation counsel should provide legal advice and representation to 51.42 and 51.437 Boards, as well as to the County Board. 63-468
Section 51.42(5)(h)7. permits multicounty 51.42/51.437 Board to retain private legal counsel only where the Corporation Counsel of each county, or District Attorney of each county not having a Corporation Counsel, notifies the Board that he or she is unable to provide specific services in a timely manner. Litigation, as used in section 59.44(3), applies only to civil court proceedings and does not include grievance proceedings or proceedings before an administrative agency. 73-8
Involuntary commitment
Duties and obligations of the corporation counsel in involuntary civil commitment proceedings under chapter 51, Stats., discussed. 79-129
Paternity matters
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 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
Prosecutorial immunity
Duties and obligations of the corporation counsel in involuntary civil commitment proceedings under chapter 51, Stats., discussed. 79-129
Special counsel
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
CORPORATIONS
Apartment leases
A corporation not licensed as a real estate broker does not violate a ch. 452, Stats., if it allows its nonlicensed employes to negotiate for and sign apartment leases of property owned by the corporation. Permitted limits of nonlicensed independent contractor agents discussed. 70-23
Attorneys
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Bonds
Industrial development revenue bonding under sec. 66.521, Stats., is not available for a project for a new automobile showroom, warehouse, and repair facility of a retail automobile dealership. 62-141
Certificate of incorporation
Section 180.47, Stats., cannot accurately be viewed as correcting, waiving or curing non-compliance with the statutory conditions governing the initial incorporations of a business, which are required to precede the issuance of a certificate of incorporation under sec. 180.46, Stats., since sec. 180.47, Stats., clearly authorizes the State to assert such non-compliance for the purpose of cancelling or revoking the certificate of incorporation. The Attorney General should be advised of any instances where certificates of incorporation are erroneously issued so that the State may assert such non compliance for the purpose of cancelling or revoking such certificates. Although sec. 180.47, Stats., does not apply to erroneously issued certificates of amendment, appropriate action should be taken to cancel or revoke any such certificates. 62-160
Chapter 180
A chapter 180 corporation cannot offer general trust services to the public, notwithstanding compliance with section 223.105, Stats. 78-153
Citizens Utility Board
The creation of a corporation, the Citizens Utility Board, under ch. 199, Stats., is constitutional. 69-153
The Citizens Utility Board, a body corporate and politic, legally dissolved and reorganized as a non-stock, non-profit corporation. 75-168
Company as employe service company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Credit unions
Organizations and associations eligible for credit union membership under sec. 186.05(1)(b), Stats., defined and discussed. 65-77
