Category: Wisconsin Attorney General Opinions

JAMES E. DOYLE, JR., District Attorney Dane County Attorney General of Wisconsin — Opinion June 27, 1979. Law Enforcement; Private Detectives; State Seal; Wisconsin Administrative Code section RL 3.24 prohibits use of any badge by those engaged in private detective activity. Non-misleading private use by those not engaged in private detective activity not prohibited by […]

GERARD S. PARADOWSKI, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion May 21, 1980. County Board; 51.42 Board; The county board of supervisors may require its approval of contracts for purchase of services by the community services board if so specified in its Coordinated Plan and Budget. Otherwise it may not. BRONSON […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion February 12, 1976 Marriage And Divorce; Under sec. 245.16, Stats., a court commissioner is not authorized to be the officiating person in performing a marriage ceremony. BRONSON C. La FOLLETTE, Attorney General ROBERT P. RUSSELL, Corporation Counsel Milwaukee County You have asked […]

JOHN J. MAURER, Secretary Department of Veterans Affairs Attorney General of Wisconsin — Opinion February 25, 1988 Confidential Reports; Veterans; Under current law the authority of the Department of Veterans Affairs to release veterans loan status information to lenders and credit reporting agencies is very limited. DONALD J. HANAWAY, Attorney General JOHN J. MAURER, Secretary […]

KENNETH E. GOERKE, Corporation Counsel Green County Attorney General of Wisconsin — Opinion February 19, 1988 Law Enforcement; Public Records, Sheriffs; Sheriff’s criminal investigation files are not covered by a blanket exemption from the public records law, but denial of access may be justified on a case-by-case basis. DONALD J. HANAWAY, Attorney General KENNETH E. […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion November 5, 1976. Licenses And Permits; Foods; A person who extracts honey for the purpose of preparing it for sale is subject to the licensing requirement of sec. 97.28, Stats., unless the honey is sold on a retail basis only at a fixed place of […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion May 9, 1985 County Board; County Executive; Ordinances; Words And Phrases; A county board does not have power to amend a resolution, ordinance or part thereof, vetoed by the county executive, but can pass a separate substitute for submission to the executive. A […]

GERALD C. STERNBERG, Administrator Board of Attorneys Professional Responsibility Attorney General of Wisconsin — Opinion April 22, 1986 Attorneys; Words and Phrases; Entitlement to indemnity and immunity from suit of prosecuting counsel retained by the Board of Attorneys Professional Responsibility discussed. BRONSON C. La FOLLETTE, Attorney General GERALD C. STERNBERG, Administrator Board of Attorneys Professional […]

RICHARD STADELMAN, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion August 26, 1977. Assessments, County Board, County Clerk; Elections; Indians; Land; Residence, Domicile And Legal Settlement; Taxation; Towns; Indians residing on nontaxable land are electors of the town of residence. Where new towns are created by division, each such town must […]

ROBERT W. WING, District Attorney Pierce County Attorney General of Wisconsin — Opinion November 30, 1976. Zoning; Ordinances; Towns, Village; Mobile Homes; Municipalities; In a town in which a county-wide zoning ordinance is effective, a town ordinance which purports to regulate the location of individual mobile homes is a zoning ordinance which can only be […]

Mr. Michael E. O’Brien Attorney General of Wisconsin — Opinion August 3, 1993 A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981 (7)(a)10. JAMES E. DOYLE, Attorney General Mr. Michael […]

ELMER O. CADY, Administrator Division of Corrections Department of Health and Social Services Attorney General of Wisconsin — Opinion November 8, 1979. Firearms; Police Powers, Public Health And Safety; Prisons And Prisoners; Correctional staff have the authority, and possess the power of a peace office in pursuing and capturing escaped inmates. Page 353 DONALD J. […]

FRANKLYN M. GIMBEL, President State Bar of Wisconsin Attorney General of Wisconsin — Opinion August 25, 1986 Attorneys; Public Officials; State Bar; The State Bar of Wisconsin is a stale 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 […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion September 27, 1974. Open Meeting; Votes And Voting; Voting procedures employed by Workmen’s Compensation and Unemployment Advisory Councils which utilize adjournment of public meeting for purposes of having members representing employers and members representing employes or workers to […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. April 6, 1972. County Home Rule — Milwaukee County Retirement System — Milwaukee County may, by ordinance, provide credit in retirement system for service of employe with another municipality. ROBERT W. WARREN, Attorney General ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Page […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion September 28, 1981. Boundaries; Towns; The responsibility of town supervisors under ch. 90, Stats., is limited to assigning to the occupants of adjoining lands the respective share of a division fence which each occupant shall erect and repair, and does not authorize […]

MR. GERALD K. ANDERSON, District Attorney, Waupaca County Attorney General of Wisconsin — Opinion December 31, 1975. Plumbing; Towns; Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. BRONSON C. La FOLLETTE, Attorney General MR. GERALD K. ANDERSON, District Attorney, […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion August 19, 1982. Elections; Reapportionment; Votes And Voting; The federal district court apportioned both members and senatorial districts in its order of June 17, 1982. The effective date of new district lines for purposes of nominations, regular, recall and special elections, mass mailings […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. September 20, 1972. Elections — Pre-primary Financial Statements — Successful candidates in substantial compliance with sec. 12.10, Stats., must be placed on ballot. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You advise that several successful candidates at the primary […]

FRANK W. BERRYMAN, Corporation Counsel Iowa County Attorney General of Wisconsin — Opinion March 31, 1987 Counties; Towns; Zoning; A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion December 1, 1980 Intoxicating Liquors; Licenses And Permits; Country clubs opening any part of their facilities to the general public lose their eligibility for “country club” liquor or beer licenses issued by the Secretary of the Department of Revenue pursuant to secs. 176.05(4a) […]

GEORGE E. RICE, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion August 24, 1983 Indians; Municipality must pay five dollar nonrefundable fee provided for in section 814.63(2) where a forfeiture action has been disposed of in circuit court after transfer from municipal court upon demand for jury. BRONSON C. La FOLLETTE, Attorney […]

PATRICK J. LUCEY, Governor Attorney General of Wisconsin — Opinion September 19, 1974. Governor; Public Records; Scope of the duty of the Governor to allow members of the public to examine and copy public records in his custody discussed. ROBERT W. WARREN, Attorney General PATRICK J. LUCEY, Governor You request my opinion as to the […]

JAMES WENDLAND, District Attorney, Dunn County Attorney General of Wisconsin — Opinion July 19, 1976. County Board; Health And Social Services, Department Of; The power to classify positions in a County Department of Social Services resides in the state department of Health and Social Services and not in a county board or in a committee […]

ANN JANSEN HANEY, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion August 26, 1981. Architects And Engineers; The examining board of architects, professional engineers, designers, and land surveyors is statutorily and constitutionally empowered to adopt a rule requiring an applicant for registration as a professional engineer to have practiced engineering in […]

FREDERIC W. FLEISHAUER, District Attorney Portage County Attorney General of Wisconsin — Opinion April 2, 1980 Page 88 Highways, Right of Way; Rights-of-way boundaries of nondedicated roads created by affirmative act are determined by the order laying out the road, not by the location of the road’s centerline. The rights-of-way boundaries of roads created by […]

ROBERT G. MAWDSLEY, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion December 20, 1983 Page 195 Mental Health Act; The provisions of chapter 51, the Mental Health Act, and chapter 55, the protective service system, are compatible if each is used for its intended purpose and in the manner directed by the Legislature. […]

GEORGE H. HANDY, M.D., State Health Officer, Department of Health and Social Services Attorney General of Wisconsin — Opinion November 25, 1974. Counties; Land; Soil absorption tests conducted by persons certified under sec. 145.045, Stats., must be accepted by county governments. VICTOR A. MILLER, Attorney General GEORGE H. HANDY, M.D., State Health Officer, Department of […]

JAMES R. LONG, District Attorney, Outagamie County. Attorney General of Wisconsin — Opinion. February 22, 1972. County Felony Squad — Deputy Sheriffs — In counties where deputy sheriffs are under civil service under sec. 59.21 (8), Stats., county board may provide job classifications for deputy sheriff positions which would form basis of selection of competent […]

JAMES H. OLSON, District Attorney, Dodge County. Attorney General of Wisconsin — Opinion. March 23, 1971. Newspaper Identification — Sex Crimes — (Informal) — Newspaper identification of female as stabbing victim without direct or indirect reference to sexual crimes does not violate sec. 942.02 (1) (a), Stats. ROBERT W. WARREN, Attorney General JAMES H. OLSON, […]

GEORGE H. HANDY, M.D., State Health Officer. Attorney General of Wisconsin — Opinion. April 27, 1971. Licensing — Funeral Establishments — (Informal) — Licensing requirements of sec. 156.105, Stats., prohibit operators of funeral establishments to allow freelance funeral direction. The statute does not prohibit operation of two establishments from one location nor regular of a […]

ALDWIN H. SEEFELDT, Corporation Counsel, Washington County. Attorney General of Wisconsin — Opinion. December 10, 1971. Reapportionment — Supervisory Districts — (Formal) — Reapportionment of county supervisory districts under sec. 59.03 (2) (b), Stats., discussed in reference to the requirement that county boards consider existing town, village and city boundary lines in structuring the apportionment […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion July 2, 1974. Appropriations And Expenditures; Outdoor Recreation Act; Outdoor Recreational Program funds (ORAP) may be used to restore deteriorated milldams provided a public use is evident. ROBERT W. WARREN, Attorney General L.P. VOIGT, Secretary, Department of Natural Resources Your first inquiry […]

JAMES R. SCHIPPER, District Attorney, Vernon County. Attorney General of Wisconsin — Opinion. January 31, 1973. Licenses and Permits — Intoxicating Liquors — Upon a second or subsequent conviction of drunk driving within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of […]

WILLIAM L. SEYMOUR, Corporation Counsel Walworth County Attorney General of Wisconsin — Opinion October 29, 1976. Attorneys; Sheriffs; Public Officials; County Board; District Attorney; Corporation Counsel; County board has no power to authorize sheriff to employ a police legal advisor to give day-to-day advice to the sheriff unless such person is an assistant district attorney […]

RAYMOND L. PAYNE, District Attorney Douglas County Attorney General of Wisconsin — Opinion April 21, 1978. Counties; County Board; Court Commissioner; Employer And Employe; Retirement Systems; Either the county board as employer or the judges of the county as appointing authority has the authority under sec. 41.11 (1), Stats., to extend the employment of a […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion September 13, 1982. Counties; Prisons And Prisoners; Wisconsin Resource Center; Rights and responsibilities of counties in prisoner transfers to the Wisconsin Resource Center discussed. BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, President State Senate You have requested my opinion concerning county […]

ROBERT P. SORENSON, State Director Board of Vocational, Technical Adult Education Attorney General of Wisconsin — Opinion December 11, 1980 Apprentices; Vocational, Technical And Adult Education, Board Of; A vocational, technical and adult education district which provides apprenticeship training may contract with other districts for payment of the costs of training persons who are residents […]

JOHN TORPHY, Secretary, Department of Administration Attorney General of Wisconsin — Opinion March 3, 1978. Apportionment; Census; Wisconsin Constitution art. IV, sec. 3 requiring legislative reapportionment “after each enumeration made by the authority of the United States” does not require reapportionment after the new federal mid-decade census. BRONSON C. La FOLLETTE, Attorney General JOHN TORPHY, […]

EDWARD JACKAMONIS, Chairman, Assembly Committee on Organization Attorney General of Wisconsin — Opinion February 23, 1978. Aid; Appropriations And Expenditures; Education; Federal Aid; Funds; Religion; State Aid; Wisconsin Constitution art. I, sec. 18, prohibiting the drawing of money from the treasury for the benefit of religious societies, or religious or theological seminaries is a proscription […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion October 15, 1984 FOSTER HOMES; HEALTH AND SOCIAL SERVICES, DEPARTMENT OF; Statutes do not provide authority to the Department of Health and Social Services to approve privately operated secure detention facilities for juveniles and county board and county board of public welfare […]

BARBARA NICHOLS, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion September 17, 1985 Administrative Law And Procedure Architects And Engineers; The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. BRONSON C. La FOLLETTE, Attorney General BARBARA NICHOLS, Secretary Department of […]

J. DENIS MORAN, Director of State Courts Supreme Court of Wisconsin Attorney General of Wisconsin — Opinion March 24, 1980 Circuit Judge; Firearms; Words And Phrases; Although judges are conservators of the peace, they are not peace officers who are allowed to carry concealed weapons. BRONSON C. La FOLLETTE, Attorney General J. DENIS MORAN, Director […]

RUSSELL FALKENBERG, District Attorney, Chippewa County. Attorney General of Wisconsin — Opinion. April 6, 1972. Liquor License — Competitive Bidding — The issuance of a liquor license on the basis of competitive bidding constitutes a violation of sec. 176.05 (4), Stats. A town, being a municipal corporation, is not within the definition of “person” appearing […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs and Development Attorney General of Wisconsin — Opinion June 21, 1974. Land; Relocation Assistance Payments — State and Federal Requirements — Wisconsin condemnors are not bound by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, 84 Stat. 1894. Relocation assistance […]

TIM A. DUKET, District Attorney Marinette County Attorney General of Wisconsin — Opinion June 19, 1985 Hospitals; Implied Consent Law, A law enforcement officer may use physical restraint, subject to constitutional limitations, in order to draw a legally justified blood sample. Refusal by a health professional, without a “reasonable excuse,” to comply with a law […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 5, 1981. Health And Social Services, Department Of; Reimbursement; State Aid; The Department of Health and Social Services may not reimburse counties for administrative costs incurred in providing temporary assistance to state dependents. BRONSON C. La FOLLETTE, Attorney […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion February 1, 1982. Fire Departments, Milwaukee Board Of Fire And Police Commissioners, Police; The Milwaukee Board of Fire and Police Commissioners does not have original rule-making authority under sec. 62.50 (23), Stats. The board can suspend rules prescribed by the chiefs of the fire […]

FREDERICK P. OTTO, District Attorney, Crawford County. Attorney General of Wisconsin — Opinion. August 10, 1972. County Government — County Board — County clerk can adjourn regular meeting of county board when requested by majority of elected members of the board. Call for bids for county general obligation bonds must be advertised two times. ROBERT […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. May 26, 1971. Indecent Articles — Family Planning — (Formal) — T h e portion of Senate Bill 130, 1971, which totally prohibits sale of indecent articles probably is unconstitutional as applied to physicians and is in conflict with statutes relating to therapeutic abortions. The […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion May 16, 1979. Counties; Municipalities; Telephone; If all the municipalities in Milwaukee County establish their own system or combine with several other municipalities to establish a system with a central location, Milwaukee County would be required to establish a system which connects […]

GARRETT N. KAVANAGH, District Attorney Fond du Lac County Attorney General of Wisconsin — Opinion September 30, 1983 County Board; County Corporation Counsel; In a county with a population of under 500,000 which does not have a civil service ordinance, the corporation counsel is appointed by the county executive and confirmed by the county board. […]

NORMAN C. ANDERSON, Chairman, Assembly Organization Committee Attorney General of Wisconsin — Opinion September 17, 1976. Nursing Homes; Health; Administrative Law; Physicians; Patients; Health And Social Services; Chapter 119, Laws of 1975, invalidates any policy requirement of Department of Health and Social Services that nursing home residents obtain approval from a physician prior to receiving […]

JOSEPH J. SALITURO, Corporation Counsel, Kenosha County. Attorney General of Wisconsin — Opinion. July 14, 1972. County Funds — Charitable Organizations — Section 59.07 (95), Stats., authorizes appropriation of county funds for promotion of the “fine arts.” ROBERT W. WARREN, Attorney General JOSEPH J. SALITURO, Corporation Counsel, Kenosha County You advise that your county has […]

WISCONSIN STATE ASSEMBLY, Legislature Attorney General of Wisconsin — Opinion September 29, 1980 Mineral Rights; Railroads; Section 192.71, Stats., does not give the state a beneficial ownership interest in mineral estates reserved by railroad corporations from lands received from the public domain to aid in the construction of railroads under federal land grants of 1856 […]

GEORGE H. HANDY, M.D., State Health Officer, Department of Health and Social Services Attorney General of Wisconsin — Opinion September 5, 1974. Municipalities; Public Health; Waters; To accomplish public health protection as well as prevention of ground water pollution, a county health commission, where such activity is undertaken with the consent of the property owner, […]