Christmas pageant
The described Christmas pageant presented by the Madison Civic Music Association, Inc., in the Capitol does not involve governmental advancement or inhibition of religion or governmental entanglement with religion as contemplated and prohibited by Wis. Const. art. I, sec. 18. 67-180
Physically handicapped
While neither the United States Constitution nor the Wisconsin Constitution compels states to require that public buildings and seats of government be constructed and maintained as to be accessible to the physically handicapped, the Legislature has an affirmative duty to address this problem and assure equal access to all constituted classes of citizens, including the physically handicapped. 63-87
PUBLIC CONTRACT
See CONTRACTS
PUBLIC DEFENDERS
Administrative rules
The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under section 977.07(1), Stats., for an inmate who has requested counsel and claims indigency. 78-133
Budget Bill for 1987
Section 16.49, Stats., does not prohibit or restrict an officer or employe from informing citizens of budget deliberations or suggesting that those citizens inform their elected officials of their opinions. 77-59
Civil forfeiture action
The State Public Defender has the authority to represent indigent material witnesses who are subject to the sec. 969.01(3), Stats., bail provisions so long as this does not create a conflict of interest with another client, but does not have the authority to represent an indigent in a civil forfeiture action unless that action is reasonably related to one for which the indigent is entitled to counsel. 72-61
County board
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
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
Indigent
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 nonstock, nonprofit corporation operating as a public defender's once absent specific legislation or rule promulgated by the Supreme Court. 62-132
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, nonprofit corporation operating as a public defender's office. 63-14
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
Jail inmates
See Prisons and prisoners
Original records
Clerks of court are not authorized to send the original records of criminal cases to the public defender prior to the time an appeal has been taken unless an order signed by a judge of the court authorizes such release. 69-63
Prisons and prisoners, access to
The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under section 977.07(1), Stats., for an inmate who has requested counsel and claims indigency. 78-133
Trial costs
Under sec. 977.08(5)(f), Stats., trial representation costs are incurred whenever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74
Wisconsin Indian Legal Services Center, Inc.
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
PUBLIC EMPLOYES
See PUBLIC OFFICIALS
PUBLIC FUNDS
See FUNDS
PUBLIC HEALTH
Ambulance attendants
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
Ambulance service
Power of county to provide limited rescue functions in connection with ambulance service and to make reasonable charges therefor discussed in view of secs. 59.07(41), 146.35 and 146.50, Stats. 65-87
Chronic renal disease program
Responsibility for administration of chronic renal disease program under sec. 49.48, Stats., discussed. (Unpub.). 10-1978
City-county employes compensation
Section 140.09(5), (6), Stats., authorizes the county board of supervisors to determine compensation to be paid members of a city-county board of health and employes of a city-county health department. 72-33
Commitments
The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249
Confidential reports
Before client information is released to another division within a county community human services department, a written and informed consent is necessary. The community human services board and the director may view client information without a written and informed consent for any purpose related to their powers and duties. 69-273
Counties
County may contract with city for the joint provision of public health nursing services under sec. 66.30(2), Stats. 66-54
County board
Since matters affecting health and welfare are of statewide concern, sec. 59.025(2)(3), Stats., created by ch. 118, Laws of 1973, does not authorize county boards to abolish county departments, boards or committees pertaining to health and welfare and required by existing state statutes nor does it authorize the transfer of their functions and duties of consolidation of them into a single "Community Human Services Board." 63-580
County infirmary, patient funds
Administrator or trustees of county infirmary cannot deposit funds of residents in interest bearing account and use interest to purchase items for common use of residents. (Unpub.). 42-1975
Crime victims compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Emergency medical treatment
It would be inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be initiated pursuant to section 51.15, Stats. While section 51.15(7) does not authorize contractual agreements with counties outside of Wisconsin, sections 51.75(11), 51.87(3) and 66.30(5) each contain a legal mechanism through which financial or other responsibility for the care and treatment of individuals from such counties may be shared under certain specified circumstances. 78-59
.42 Board
A county board has the power to reduce membership on a sec. 51.42 Board from fifteen to nine, but must do so by abolishing the offices of specific members as their current terms expire. 65-40
