Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
County Board
County Board cannot diminish or enlarge duties of District Attorney except where certain duties are transferred to County Corporation Counsel. (Unpub.). 76-1977
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. 72-172
Discussed in relation to corporation counsels' duties
Duties of corporation counsels of different counties discussed where county Department of Social Services, on behalf of persons over whom it has legal custody, requests the Department of Social Services of another county, within which such person resides, to institute a chapter 55 proceeding for protective placement in the court of the county of residence. (Unpub.). 35-1984
Duties
District attorney's obligation to prosecute town forfeiture actions at the request of a town chairman under section 778.12, Stats., discussed. 78-166
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
Evidence Rule
Under new Evidence Rule 906.09, defendant may not be cross-examined about prior convictions until the Court has ruled in proceedings under Rule 901.04 that such convictions are admissible. Nature of former convictions may now be proved under the new rule. Defendant has burden of proof to establish that a former conviction is inadmissible to impeach him because obtained in violation of his right to counsel, under Loper v. Beto, 405 U.S. 473. Rule of Loper v. Beto, 405 U.S. 473, does not apply to claimed denial of constitutional rights other than the right to counsel, although the conviction would be inadmissible for impeachment if it had been reversed on appeal, whether on constitutional or other grounds, or vacated on collateral attack. 63-424
.42/51.437 Boards
A multi-county sec. 51.42-51.437 Board is not an independent agency or body corporate, but is an agency of the contracting counties. The district attorneys or corporation counsel of the contracting counties are required to furnish legal advice and representation to such Board. The sec. 51.42/51.437 Board, however, has limited power to contract with private attorneys for the furnishing of certain legal services to clients pursuant to secs. 46.03(17), 46.036, 51.42(5), 51.437(5) and 55.04(1)(a)8., Stats. Counties could jointly employ a county corporation counsel to furnish legal services of a civil nature to the Human Services Board by reason of secs. 59.025(3), 59.07(44), 66.30, Stats. (Unpub.). 38-1982
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
Forfeiture actions
District attorney's obligation to prosecute town forfeiture actions at the request of a town chairman under section 778.12, Stats., discussed. 78-166
Industry, Labor and Human Relations, Department of
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Investigators
It is the responsibility of the county to develop position descriptions, determine salaries and compile a list of eligible applicants for investigative and support staff positions within the district attorney's office. It is the district attorney's responsibility to approve each new member of the investigative and support staff and to supervise such staff after it is hired. 80-19
Investigators employed by district attorneys offices in counties which have neither a population of 500,000 or more nor cities of the second or third class do not possess general police powers. (Unpub.). 53-1982
Involuntary commitment
Under sec. 55.06(1)(c), Stats., the duty of Corporation Counsel is to assist the Court and not to act as counsel for private parties petitioning. Under sec. 55.06(9)(a), Stats., Court should order protective placement in an existing facility. Under sec. 51.20(2), Stats., Court can entertain proceedings for involuntary commitment of person who has been admitted in some facility as a voluntary in-patient. 68-97
Juvenile court
The duties of the District Attorney under secs. 48.04(3) and 59.47(11), Stats., relate only to appearing and assisting in juvenile court proceedings. Such duties normally do not include the performance of ministerial or clerical functions in drafting juvenile court petitions under sec. 48.20(2), Stats. 62-273
The Juvenile Court cannot require the District Attorney to serve the summons or notice required by ch. 48, Stats. However, the District Attorney, as an officer of the Court, may voluntarily do so to aid the Court in the administration of justice. 72-145
Milwaukee County
Staff positions in the Milwaukee District Attorney's office, which are mandated by statute as unclassified positions must be created in the unclassified service, unless the county's Civil Service Commission determines that transferring these positions to the classified service is necessary to secure the best service for the county. (Unpub.). 17-1989
Multi-county prosecutorial system
A multi-county prosecutorial system could be established, consistent with article VI, section 4, of the Wisconsin Constitution, by reorganizing certain counties and joining them solely for prosecutorial purposes, while allowing them to remain separate for the purpose of exercising all other functions of county government. The electors of each county sharing the services of a particular district attorney, however, would have to participate in the selection of their joint prosecutor. 72-4
Oath of office
An official oath is required by section 59.13(1), Stats., for a county corporation counsel but is not required for an assistant district attorney. 77-228
Open file policy
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
Open meetings
The District Attorney has the authority to institute an action for forfeiture for violation of the Open Meetings Law only after receiving a verified complaint pursuant to sec. 19.97(1), Stats. (Unpub.). 34-1981
Part time district attorney
Although a person elected as a "part time" district attorney may not be required to forego the private practice of law and devote all his time to the performance of official duties, he may voluntarily do so. A county board may increase the salary of the district attorney during his term of office. A county board must act timely to prohibit future district attorneys from engaging in the private practice of law. Secs. 59. I 5(1)(a), 59.471 and 66.197, Stats. (Unpub.). 44-1975
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 files
The police may justifiably prevent a district attorney from inspecting their investigation files on pending criminal cases to determine whether there is exculpatory evidence which must be disclosed to a defendant only in those exceptional instances in which a compelling need to maintain secrecy out weighs the constitutional and statutory considerations ordinarily demanding access. 76-262
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
Private counsel
Neither the Soil and Water District Board nor the County Board has the power to retain private counsel except as provided by sec. 59.44(3), Stats. The District is primarily liable for legal fees incurred to date. 70-234
Private practice
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. 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. 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
Protective placement
Neither District Attorney nor Corporation Counsel have a duty to petition for protective placement, determination of incompetency or otherwise intervene where an apparently competent elderly person with life threatening illness chooses to remain at home under doctor's and family care rather than seek a higher level of care which might extend her life. 74-188
Public records
District Attorneys do not presently possess legal authorization to destroy documentary materials, made or received in connection with the transaction of public business, and retained by them as evidence of their activities or functions because of the information they contain, even though the documents are found in closed files. 68-17
Salaries
District attorneys are not "public officer[s]" within the meaning of that term in article IV, section 26 of the Wisconsin Constitution, and the Legislature may, therefore, increase or diminish the salaries of district attorneys during their terms of office. 79-149
A grant from the Wisconsin Office of Justice Assistance may properly be paid as salary increases to the district attorney and his or her assistants in the form of overtime, without violating section 59.49(1), Stats., provided the county makes allowance for such grant funds in its budget and duly passes salary increases for the district attorney and his assistants as provided by sections 66.197 and 59.15(2)(c). 77-63
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. 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. 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
Social Services, County Department of
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
Staff positions
It is the responsibility of the county to develop position descriptions, determine salaries and compile a list of eligible applicants for investigative and support staff positions within the district attorney's office. It is the district attorney's responsibility to approve each new member of the investigative and support staff and to supervise such staff after it is hired. 80-19
Traffic violations
