Credit union membership
Organizations and associations eligible for credit union membership under sec. 186.05(1)(b), Stats., defined and discussed. 65-77
Political fund
Wisconsin Administrative Code section E1Bd 1.06, and the forms developed to effectuate that rule, EB-11 and EB-12, which require corporations and associations to register and twice yearly report their expenditures for the establishment and administration of a political fund and for solicitation of political contributions to such fund, improperly impose substantive requirements in addition to those reasonably within the intendment of sec. 11.38(1)(a)2., Stats., and are therefore unenforceable. 67-193
ATTORNEY GENERAL
Collective bargaining
Attorney General declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that such questions be resolved through the declaratory judgment procedure before the Wisconsin Employment Relations Commission subject to judicial review. 63-590
Local Emergency Planning Committee
A local emergency planning committee created by the county board pursuant to section 59.07(146), Stats., is in many respects treated as other county committees. The county board has the authority to appropriate funds for the committee and the county's relationship to the committee is the same as the county's relationship to the other county bodies created under section 59.07, with the exception that the county must be consistent with the authority exercised by the state emergency response commission. The county corporation counsel should provide legal advice and assistance to the LEPC. If the LEPC or its members are sued, the attorney general represents them; and the state would pay the judgment if the requirements of section 895.46 have been satisfied. 78-27
Opinions
Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. OAG 26-88 discussed and adhered to. (Unpub.). 58-1988
The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120
Payment of judgments
Pursuant to sec. 20.865, Stats., both segregated revenues and general purpose revenues of the general fund are available for the payment of judgments arising out of segregated fund activities in the same proportion in which they were, or would have been, used to finance a program appropriation for the payment of such judgments; sec. 20.865(1)(a), Stats., includes authority for payment of settlements made by the Attorney General pursuant to sec. 165.25(6), Stats. (Unpub.). 18-1975
Service of process
Discussed within the meaning of sec. 262.06(3), Stats. (1973). 63-467
ATTORNEYS
See also DISTRICT ATTORNEY
Board of Attorneys Professional Responsibility
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
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
