A trial court does not have the authority to stay the execution of a sentence of imprisonment to the county jail for more than sixty days except for legal cause or when placing a person on probation; overcrowding does not constitute legal cause under section 973.15(8)(a), Stats. 76-165
Juvenile court
A pre-petition investigation provided for by sec. 48.19, Stats., is authorized whenever any human being directs information to the juvenile court tending to show that a child is delinquent, in need of supervision, dependent or neglected. 63-279
Lobbying
Director of State Courts is required by sec. 13.695, Stats., to file a statement with respect to lobbying since the office is an agency within the definition of agency in sec. 13.62, Stats. (Unpub.). 107-1979
Minors
When a municipal court adjudges a child to have violated a municipal ordinance, that court must impose court costs and should add the ten percent penalty assessment provided in sec. 165.87(2), Stats., to any forfeiture imposed for such violation. 69-26
Powers
Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02, Stats., or alcohol or drug abuse hearings required by sec. 51.09(1), Stats., power to appoint, to determine indigency and to fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the County Board or delegated to private nonprofit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323
Probation and parole
Consecutive terms. Under sec. 973.09(1), Stats., a court may not impose consecutive probation terms. 69-173
Neither sec. 973.09(3)(a), Stats., nor any of the other probation statutes authorizes the trial court to shorten the period of probation once probation has been imposed. (Unpub.). 39-1982
Public records
After a transcript of court proceedings is filed with the Clerk of Court, any person may, pursuant to secs. 19.21(2) and 59.14(1), Stats., examine or copy such transcript. 68-313
Refusal hearing
An individual's fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Consequently, absent any statutory guidelines, the scheduling of a refusal hearing is within the discretion and calendaring possibilities of the court to which it is assigned. 77-4
Sentencing
A trial court does not have the authority to stay the execution of a sentence of imprisonment to the county jail for more than sixty days except for legal cause or when placing a person on probation; overcrowding does not constitute legal cause under section 973.15(8)(a), Stats. 76-165
Court cannot place conditions on a sentence of incarceration. Pursuant to statutes, a court may order a defendant to perform community service work in lieu of part or all of a fine imposed by the court or as a condition of probation. A court cannot impose probation or order a defendant to perform community service work in lieu of imposing a statutorily required minimum jail sentence. 71-41
Traffic
Courts may not dismiss traffic complaints on payment of penalty costs, or costs alone. 63-328
Transfers
In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request for substitution of a justice is concerned but not over sec. 300.055, Stats., which grants defendant right to secure transfers to county court upon request, accompanied by $1 fee, at any time prior to trial. 66-64
CREDIT UNIONS
Authority
Constitutionality of ch. 45, Laws of 1981, delegating authority to commissioners of various financial institutions, discussed. 71-195
Eligibility
Organizations and associations eligible for credit union membership under sec. 186.05(1)(b), Stats., defined and discussed. 65-77
Grant making powers
The Wisconsin Credit Union Savings insurance Corporation can make grants to member credit unions as necessary to meet federal insurance eligibility requirements, and the Office of the Commissioner of Credit Unions may require such grants on a case-by-case basis. 74-241
Insurance, sale of
A Wisconsin credit union may invest in a credit union service corporation which sells insurance to the general public so long as the corporation was organized to primarily serve credit unions and their members. 78-96
Credit unions' authority to engage in the sale of insurance is limited to credit life and credit accident and sickness insurance. 73-58
Insurance of accounts
The individual accounts of organizations and associations which have been admitted to credit union membership under sec. 186.05, Stats., are insured by the Wisconsin Credit Union Savings Insurance Corporation as provided by sec. 186.35(2)(a), Stats. (Unpub.). 26-1976
Services corporation
A Wisconsin credit union may invest in a credit union service corporation which sells insurance to the general public so long as the corporation was organized to primarily serve credit unions and their members. 78-96
Wisconsin Credit Union Savings Insurance Corporation
The Wisconsin Credit Union Savings Insurance Corporation can make grants to member credit unions as necessary to meet federal insurance eligibility requirements, and the Office of the Commissioner of Credit Unions may require such grants on a case-by-case basis. 74-241
Wisconsin Credit Union Share Insurance Corporation
Wisconsin Credit Union Share Insurance Corporation does not have authority unilaterially to regulate credit union industry of this State. 64-7
CREMATION
Medical schools
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
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
CRIME VICTIMS COMPENSATION
Compensation
Not authorized for dental, chiropractic, podiatric or optometric services. (Unpub.). 84-1977
CRIMINAL LAW
See also BAIL; FIREARMS; LAW ENFORCEMENT; POLICE; PRISONS AND PRISONERS; PROBATION AND PAROLE; SHERIFFS
Anonymous telephone tip
An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347
Appeals
Judgments of commitment under Youthful Offenders Act must be appealed within 90 days. 66-242
Automobiles and motor vehicles
Proof that a driver knew or should have known that he collided with an unattended vehicle is not necessary for a conviction for violation of sec. 346.68, Stats., requiring that the driver of the colliding vehicle stop and locate the owner of the unattended vehicle or leave a note on the unattended vehicle containing the name and address of the colliding driver. 68-274
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
Bail
