Oneida Roadway Inn
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of ch. 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Oneida Tribe
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132
Property taxes
The State has express authority under the General Allotment Act of 1887, as amended, 25 U.S.C. sec. 331 et seq., particularly 25 U.S.C. sec. 349, to impose ad valorem property taxes on Indian fee patented lands located within the Lac du Flambeau Reservation which were originally allotted under the Act after February 8, 1887. Indian fee patented lands allotted prior to that date directly under the Treaty of September 30, 1854, are not taxable by the State under 25 U.S.C. sec. 349. 72-74
Public defenders
Wisconsin Indian Legal Services Center, Inc., is not a "local public defender organization," and the Public Defender Board has no authority to contract with such nonstock corporation for the furnishing of legal services to indigents pursuant to sec. 977.03, Stats. 66-334
Sales and use tax
The State may not constitutionally impose the general sales tax, section 77.52, Stats., on reservation sales of cigarettes and bingo admissions by Indian retailers to non-members of the governing tribe. The State may impose the use tax, section 77.53, Stats., on such cigarette sales and, arguably, on sales of bingo admissions. Section 77.53 requires Indian retailers to precollect the use tax. Whether the chapter 77 use tax may be imposed on reservation sales of other types of services to non-Indians depends on the facts of the particular case. Impediments to effective enforcement when the retailer is an Indian tribe or tribal corporation discussed. 74-134
Sewerage commissions
Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132
Sokaogon (Mole Lake) Indian Tribe
The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the Mole Lake Indian Reservation during its annual Bluegrass Festival. 69-183
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the Reservation is also discussed. 75-220
Stockbridge-Munsee Reservation
The Stockbridge-Munsee Indian Tribe has the exclusive right to hunt and fish on tribal lands and has the right to regulate such activities by both Indian and non-Indian persons upon such lands. Current and former Stockbridge Munsee Reservation boundaries discussed. 69-72
Taxation
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Telecommunications
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Traffic laws
Discussion of state, county and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. 78-122
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
Tribal liquor license
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of ch. 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Water pollution control
Chapter 147, Stats., relating to water pollution control, did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978
Water resources
The state and tribal governments share jurisdiction to regulate prospecting and mining activity within reservation boundaries to the extent necessary to protect groundwater from contamination. 72-54
Workers' compensation
Indian persons receiving relief under sec. 49.046, Stats., and participating in a Work Experience Program under sec. 49.047, Stats., are not automatically covered by Workers' Compensation Law. 70-111
Zoning
The Lac du Flambeau Indian Tribe has exclusive authority to zone Indian land, and has concurrent jurisdiction with the State to zone private property within the Tribe's reservation boundaries unless county zoning would infringe on tribal self-government. 71-191
INDIGENT
Counsel
The power to appoint counsel for an indigent defendant vested by sec. 970.02(6), Stats., in a judge cannot be transferred to a non-stock, non-profit corporation operating as a public defender's office. 63-14
County board supervisor
A county board supervisor risks violations of sec. 946.13, Stats., where he is appointed counsel for indigent defendants and fees exceed $2,000 per annum. 62-62
Fines
A defendant may be incarcerated by court order for failing to pay a fine imposed for the violation of a municipal ordinance. Unless the defendant applies to the court and obtains relief on the grounds that because of his indigency he is unable to pay the fine, the sheriff may lawfully accept and hold such defendant in the county jail. 64-94
Law enforcement officials of this state, insofar as it is within their power to do so, ought to establish procedures for giving notice to those who face possible incarceration on account of their failure to pay a fine of their constitutional right not to be confined if the failure to pay the fine results from their indigency and of their right to a hearing on the question of their indigency. 64-98
Hospital and medical care
Law relating to liability for cost of providing hospital and medical care to indigent person under arrest discussed. Secs. 53.38 and 49.02(5), Stats. 67-245
Implied Consent Law
The State Public Defender, under sec. 977.05(4)(h), Stats., may, if he deems it appropriate to do so, provide legal services to an indigent at a so-called "refusal hearing" conducted pursuant to sec. 343.305(8)(b)1. and 2., Stats., where such indigent, prior to such hearing, has been charged with a criminal offense or offenses based on the same situation as that giving rise to the indigent's refusal to provide a sample of his/her breath, blood or urine pursuant to sec. 343.305(2)(b), Stats. 71-16
Indians
Wisconsin Indian Legal Services Center, Inc., is not a "local public defender organization," and the Public Defender Board has no authority to contract with such nonstock corporation for the furnishing of legal services to indigents pursuant to sec. 977.03, Stats. 66-334
Mental, alcohol or drug abuse hearings
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 non-profit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323
Paternity action
Litigation and discovery costs for those indigent respondents in paternity actions for whom counsel has been appointed in accordance with sec. 767.52, Stats., must be paid by the State through the Public Defender Board appropriations, except as otherwise specifically provided by statute. (Unpub.). 33-1982
Prisons and prisoners
Section 53.38, Stats., is exclusively applicable in providing relief from medical and hospital care costs incurred by an indigent prisoner while receiving emergency medical treatment in a hospital. 69-230
Public contract
Appointment of counsel for indigent involves a public contract. 62-118
Public defender
A county, acting through its county board, has the implied power to create a public defender's office to function as a county agency. 65-168
Power to appoint counsel for indigent defendant vested by sec. 970.02(6), Stats., in judge cannot be transferred without the consent of such judge to a non-stock, non-profit corporation operating as a public defender's office absent specific legislation or rule promulgated by the Supreme Court. 62-132
The State Public Defender has discretion under sec. 977.05(4)(j), Stats., to refuse appointment for indigents in conditions of confinement cases and in cases seeking post-conviction and post-commitment remedies where there is no absolute right to counsel. 71-211
