The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.45 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
Civil immunity
Entitlement to indemnity and immunity from suit of prosecuting counsel retained by the Board of Attorneys Professional Responsibility discussed. 75-49
The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.45 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
Conflict of interest
1. 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. 2. 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. 3. 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
Family Court Commissioner's law partner is prohibited from serving as counsel in any divorce action in county which Commissioner holds office but may serve as counsel in divorce actions in other counties. This prohibition may not be waived by the parties to the divorce action. 67-64
Section 196.675(1), Stats., would be violated where a partner of a district attorney compensated on a part-time basis was retained by a public utility, if the partner-district attorney were to financially benefit directly or indirectly. 75-111
Corporation counsel
1. 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. 2. 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. 3. 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
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
District attorney
1. 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. 2. 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. 3. 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
Family Court Commissioner
Family Court Commissioner's law partner is prohibited from serving as counsel in any divorce action in county which Commissioner holds office but may serve as counsel in divorce actions in other counties. This prohibition may not be waived by the parties to the divorce action. 67-64
Fees
County is a necessary part of an action on a claim where it has received an assignment under sec. 49.65, Stats. The county may take steps necessary to enforce its claim. Compromise and attorney fees discussed. 65-119
Financial disclosure
Discussion of possible conflict between the requirements of financial disclosure contained within the Code of Ethics for public officials with respect to the confidentiality requirements set forth in the Code of Professional Responsibility for lawyers and other laws related thereto. 68-411
Legislation
Section 2 of 1977 Senate Resolution 14 which, if adopted, would create Senate Rule 73(1)(b), prohibiting members who are attorneys from voting on bills creating additional judgeships or pay raises or retirement benefits for judges, would unconstitutionally deny equal protection of the laws to those citizens represented in the Senate by members who are also attorneys. 67-310
Open meeting
If there is no conflict between the Rules of the Board of Attorneys Professional Responsibility and Open Meeting Law, there lies within the discretion of the court to defer to legislative policy. If there is a conflict, the court probably would conclude that the Open Meeting Law is inapplicable. (Unpub.). 67-1979
Practice of law
Drafting of Articles of Incorporation and other corporate documents to be filed with the Secretary of State constitutes the practice of law within the meaning of sec. 256.30(2), Stats. 65-173
The State Bar of Wisconsin is a state agency created by the constitutional authority of the Supreme Court. The authorized functions of the State Bar may come under the "State Action" exemption to the antitrust laws and the procedures employed by the Unauthorized Practice Committee and the Ethics Committee appear to provide due process but specific opinions in this regard must be given on a case-by-case basis. Volunteer lawyers giving free legal advice in the "Lawyer Hotline" program are agents of the State Bar and are entitled to common law immunity and indemnification under section 895.46(1)(a), Stats. 75-153
Professional Responsibility Committees
The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.45 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
Wisconsin Arts Board
Wisconsin Arts Board lacks authority to establish a lawyer referral service for benefit of artists in Wisconsin with arts-related legal problems. (Unpub.). 52-1977
AUDITOR
Counties
The civil service provisions of sections 63.01 to 63.17, Stats., are not applicable to appointments of a county auditor or deputy auditor pursuant to section 59.72(3) and (4) unless such a civil service system is mandated for such county because it contains 500,000 inhabitants or more, or such system is applicable because the county involved has exercised its option under section 63.01 to enact such a system. 78-91
Fee structure
Classified audit fee structure may be established by University regents using age for classification purposes. 62-1
Student records
Section 13.94, Stats., contains authority for the State Auditor to secure certain information from student records for the purpose of auditing full-time equivalency reports submitted by the University of Wisconsin. (Unpub.). 84-1978
University
Section 13.94, Stats., contains authority for the State Auditor to secure certain information from student records for the purpose of auditing full-time equivalency reports submitted by the University of Wisconsin. (Unpub.). 84-1978
AUTOMOBILES AND MOTOR VEHICLES
See also AMBULANCES; TRAFFIC; TRANSPORTATION
Ad valorem tax
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art VIII, sec. 1. (Unpub.). 99-1977
All-terrain vehicles
County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33(8)(b), Stats., and minors under sixteen years of age holding valid all-terrain vehicle safety certificates can operate all-terrain vehicles on highways which have been designated as all-terrain vehicle routes under the limited conditions set forth in section 23.33(4). 77-52
Bus subsidy
Section 59.968(3), Stats., authorizes a county subsidy when a bus company operates a route which is principally located within the county. 65-191
Criminal law
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
Dealers
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers' and motor vehicles salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
The Wisconsin Fair Dealership Law, ch. 135, Wis. Stats., is a public policy declaration concerning the unwarranted termination of dealerships and is designed to protect dealers from overreaching by the grantors of those dealerships. It would therefore be improper for parties to waive, directly or indirectly, the effect of ch. 135 and, in cases where the "dealer" is also a "franchisee" under ch. 553, Wis. Stats., the Commissioner of Securities has the right to deny, suspend or revoke a franchisor's registration or revoke his exemption if the franchisor has contracted to violate or avoid the provisions of ch. 135. 66-10
Driver education
Public school districts may not charge students for the cost of providing driver education programs if the programs are credits towards graduation. 71-209
Drunk driving
Counties can enter into reciprocal mutual assistance agreements whereby they can agree in advance to cooperate in the arrest of persons suspected of violating drunk driving laws who are involved in an accident in one county and transported to a hospital in another county. 72-85
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Upon a second or subsequent conviction of drunk driving within five years within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of operating privileges by the Division of Motor Vehicles as required by sec. 343.31(1)(b), Stats. 62-31
Where a person is charged under sec. 346.63(1), Stats. (operating a vehicle while under the influence of an intoxicant or controlled substance), as a second offense, the charge may not be reduced to a violation as a first offense and the court does not have discretion to sentence under sec. 346.65(2)(a)1., Stats., sentencing for first offense. At trial the burden and verdict requirements of a criminal proceeding apply. It is mandatory that the Department treat this as a second offense for purposes of revocation under sec. 343.31(1)(b), Stats. 69-47
