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
Trial costs
Under sec. 977.08(5)(f), Stats., trial representation costs are incurred when ever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74
INDUSTRIAL COMMISSION
Administrative duties
The administrative duties of the Industry, Labor and Human Relations Commission, vested in the Chairman by sec. 15.06(4), Stats., may be exercised solely by the Chairman or may be delegated to other Commission members, in the discretion of the Chairman. Classification of various duties of the Commission as "administrative," "policy," and "statutory," discussed. 64-33
Chairman of the Industry, Labor and Human Relations Commission
The Chairman of the Industry, Labor and Human Relations Commission may assume direct personal supervision over all divisions within the Department, as an exercise of the administrative duties vested in the Chairman by sec. 15.06(4), Stats., without securing approval of a majority of the Commission. (Unpub.). 63-1975
Child labor permits
Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513
INDUSTRY, LABOR AND HUMAN RELATIONS, DEPARTMENT OF
Administrative procedure
The Department of Industry, Labor and Human Relations may not reopen and reconsider a decision after the time specified in sec. 108.09(6), Stats. 67-226
Administrative rules and statutory authorization
Wis. Admin. Code § ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282
Boarding homes
The Department of Industry, Labor and Human Relations may inspect those parts of boarding homes designed for three or more persons where employes work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon number of beds or rooms. 62-107
Child labor permits
Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513
Class action complaints
The Wisconsin Open Housing Law permits, but does not require, the Department of Industry, Labor and Human Relations to receive and process class action complaints of housing discrimination. 70-250
Deputy secretary
