Category: Wisconsin Attorney General Opinions

RICHARD C. KELLY, District Attorney Juneau County Attorney General of Wisconsin — Opinion March 6, 1974. Counties; Zoning; Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. ROBERT W. WARREN, Attorney General RICHARD C. KELLY, District Attorney Juneau County You have asked my […]

JOHN S. MCCABE, District Attorney Florence County Attorney General of Wisconsin — Opinion August 30, 1978. Counties; County Board; Land; Mineral Rights; Public Lands; Counties may not transfer county owned mineral rights, acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07 […]

HOWARD G. BJORKLUND, Administrator Law Enforcement Services Division Department of Justice Attorney General of Wisconsin — Opinion June 22, 1981. Circuit Court; Criminal Law; Circuit courts do not possess inherent powers, in the absence of statute, to order the expunction or destruction of criminal conviction records. BRONSON C. La FOLLETTE, Attorney General HOWARD G. BJORKLUND, […]

PAUL M. CORNETT, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion September 10, 1979. Police; Towns; Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion November 6, 1975. Public Instruction, Superintendent Of; Education; Schools And School Districts; In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion April 24, 1979. Agriculture; Soil Conservation; Votes And Voting; An ordinance formulated and proposed by the supervisors of a county soil and water conservation district, created pursuant to sec. 92.05, Stats., is not necessarily invalid simply because its effect is limited to […]

HOMER C. MITTELSTADT, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion August 13, 1975 Land; Plats And Platting; Discussion of circumstances under which lots in a recorded subdivision may be legally divided without replatting. BRONSON C. La FOLLETTE, Attorney General HOMER C. MITTELSTADT, Corporation Counsel Eau Claire County You request my opinion […]

MANUEL CARBALLO, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 17, 1976 Probation And Parole; Prisons And Prisoners; When a probationer or parolee has been arrested for and charged with a new crime and also appears to have violated other conditions of probation or parole, which violations themselves appear […]

RUSSELL A. OLSON, Lieutenant Governor Executive Office Attorney General of Wisconsin — Opinion July 11, 1979. Taxation; Discussion of the tax uniformity clause (Wis. Const. art. VIII, sec. 1) relating to the amendment of April 2, 1974, for the taxation of agricultural land and undeveloped land. Proposed legislation which places a ceiling on the assessment […]

JOHN J. MCWILLIAMS, District Attorney, Lafayette County. Attorney General of Wisconsin — Opinion. July 3, 1973. Coroner — Accidents — Where accident occurs in one county and victim is transported to another county, and death occurs there, Coroner where death occurs has duty to immediately report death to Coroner of county where crime, injury or […]

The Honorable Michael G. Ellis Attorney General of Wisconsin — Opinion October 26, 1993 Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion September 30, 1987 Civil Rights; Discrimination; Words And Phrases; Section 942.04, Stats., potentially applies to service clubs; constitutionality of state regulation of such clubs is to be analyzed according to Board of Dirs. of Rotary Intern. v. Rotary Clubr, ___ U.S. ___, […]

DENNIS J. CONTA, Secretary Department of Revenue Attorney General of Wisconsin — Opinion December 7, 1978. Appropriations And Expenditures; Counties, Federal Aid, Forests; Highways; Schools And School Districts; Taxation, Section 59.20 (13), Stats., does not control the distribution of monies received from the federal government under 31 U.S.C. sec. 1601, et seq. OAG 45-78, issued […]

PAUL MCLIMANS, District Attorney Iowa County Attorney General of Wisconsin — Opinion September 9, 1982. Forest Crop Law; Right of Way; Section 77.03, Stats., relating to enrolling land in the forest cropland program, creates a right of access across an owner’s non-enrolled lands to reach the owner’s landlocked enrolled lands for the purposes of hunting […]

STEPHEN J. MENARD, Corporation Counsel Menominee County Attorney General of Wisconsin — Opinion July 23, 1991 Counties; Indians; Menominee Indians; A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, […]

RICHARD C. KELLY, District Attorney, Juneau County. Attorney General of Wisconsin — Opinion. November 2, 1971. Indigent Counsel — Fee Determination — (Informal) — District Attorney should not participate in fixing fees for indigent counsel where there is county corporation counsel. ROBERT W. WARREN, Attorney General RICHARD C. KELLY, District Attorney, Juneau County You have […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. September 5, 1973. Votes and Voting — Elections — An elector with dyslexia may qualify for voter assistance under the provisions of sec. 6.82 (2) (a), Stats. Page 196 ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY By Resolution No. 25, you have asked […]

JAMES L. CARLSON, District Attorney, Walworth County Attorney General of Wisconsin — Opinion December 18, 1978. Criminal Law; Public Records; Words And Phrases; Section 973.015, Stats., requires, in cases where ordered by the court, that the clerk of court upon receipt of the certificate of discharge strike or obliterate from the record all references to […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion April 27, 1987 Arrest; Automobiles And Motor Vehicles; Drunk Driving; 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 […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. December 20, 1973. Plats and Platting — Discussion of the circumstances under which the statutory platting standards set forth in secs. 236.16 (1), (2) and (3) and 236.20 (4) (d), Stats., may be waived or varied, with specific reference […]

EVERETT E. BOLLE, Director of Legislative Services, Wisconsin State Assembly Attorney General of Wisconsin — Opinion April 13, 1977. Dairy, Food And Drugs; Drugs; Pharmacy; Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. May 12, 1972. Board of Vocational, Technical and Adult Education —Districts — Under the provisions of sec. 38.06, 1971 Stats., the Board of Vocational, Technical and Adult Education does not have power to create a new vocational, technical and adult educational district by merging one […]

WILLIAM H. HUGHES, Commissioner Office of Commissioner of Credit Unions Attorney General of Wisconsin — Opinion May 20, 1976 Associations; Credit Unions; Corporations; Organizations and associations eligible for credit union membership under sec. 186.05 (1) (b), Stats., defined and discussed. BRONSON C. La FOLLETTE, Attorney General WILLIAM H. HUGHES, Commissioner Office of Commissioner of Credit […]

W. PATRICK DONLIN, District Attorney, Price County. Attorney General of Wisconsin — Opinion. October 12, 1972. Elections — Vacancy in Public Office — The statutory county committee may appoint a successor to a winning candidate who has filed a declination to take office. ROBERT W. WARREN, Attorney General W. PATRICK DONLIN, District Attorney, Price County […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion July 1, 1974. Police; Criminal Law; Bonds; Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion October 24, 1988 Funds; Investments; Municipalities; Municipalities and other local governmental entities may only invest in certain specifically authorized bonds, securities, deposits, etc., and may not invest in mutual funds, even if the assets of such funds consist solely of statutorily-allowed bonds […]

RONALD S. SANFELIPPO, Administrator Division of Emergency Government Department of Local Affairs and Development Attorney General of Wisconsin — Opinion May 15, 1975 Appropriations And Expenditures; The Wisconsin Constitution does not preclude grants (including those made retroactively) of state money to individuals and families, or to private corporations, for the purpose of affording disaster relief […]

ITALO BENSONI, Chairman Board of Veterans Affairs Attorney General of Wisconsin — Opinion November 3, 1978. Authority; Civil Service; Compensation; Governor; Public Officials; Salaries And Wages; Veterans Affairs, Department Of; The Governor as the appointing authority for the incumbent Secretary of Veterans Affairs has power to set his salary subject to statutory restraints. Page 258 […]

JOSEPH W. WILEY, Chairman Personnel Commission Attorney General of Wisconsin — Opinion September 10, 1979. Administrative Procedure; Witnesses; In administrative hearings, a subpoenaed witness has a duty to attend pursuant to the subpoena and to remain in attendance until excused. BRONSON C. La FOLLETTE, Attorney General JOSEPH W. WILEY, Chairman Personnel Commission You ask whether […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion December 23, 1987 Lakes; Navigable Waters; Waters; An artificial waterway connected with or located within 500 feet of a navigable waterway is a public waterway to which public access must be provided pursuant to sections 236.16 (3) and 30.19 (1)(a) and […]

WILLIAM J. SCHUH, Corporation Counsel, Outagamie County. Attorney General of Wisconsin — Opinion. June 15, 1971. Ordinances — Fireworks — (Informal) — A county or municipal ordinance may not prohibit the sale and use of articles which have been specifically excepted and exempted from the prohibitions and penalties of the State Fireworks Act. Sec. 167.10, […]

WILLIAM N. BELTER, District Attorney, Waushara County Attorney General of Wisconsin — Opinion December 31, 1975. Criminal Law; Fish And Game; NR 10.07 (8), Wis. Adm. Code, requiring hunters to make reasonable efforts to retrieve game birds killed or injured, does not exempt a person from criminal prosecution under sec. 943.13 (1) (b), Stats., for […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion October 12, 1981. Nursing Homes; Religion; Words And Phrases; Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. Page 211 BRONSON C. La FOLLETTE, Attorney General […]

WILBUR J. SCHMIDT, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 19, 1974. Categorical Aids; Section 49.50 (10), Stats., sanctions the use of a self-declaration application system for the AFDC program as to economic eligibility. Other factors of eligibility must be verified through a home visit, investigation and report […]

DANIEL L. LAROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. December 8, 1972. Elections — Campaign Advertising — Voters violating sec. 12.64, Stats., may not be deprived of the right to vote, although penalties may follow. ROBERT W. WARREN, Attorney General DANIEL L. LAROCQUE, District Attorney, Marathon County In your letter of […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion December 11, 1980 Page 260 Elections; Funds; Public Officials; Section 11.33, Stats., applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. BRONSON C. La FOLLETTE, […]

The Honorable Walter Kunicki Attorney General of Wisconsin — Opinion February 9, 1993 Police; A mayor in a city with a police and fire commission does not, under section 62.09 (8)(a), (d) and (13)(a), Stats., have the authority to order the chief of police to reinstate a discharged probationary police officer, in light of the […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion August 2, 1990 Accidents; Ambulances; Emergency Medical Technician; Wisconsin statutes do not prohibit the transportation of dead human bodies from an accident scene to a hospital by ambulance or rescue personnel. DONALD J. HANAWAY, Attorney General PATRICK J. FARAGHER, Corporation Counsel Washington […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. August 16, 1971. Collective Bargaining — Dairy Products — (Formal) — Assembly Bill 234 would be constitutional if enacted into law. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY By Resolution 19A, you have requested my opinion as to the validity of Bill 234A […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion February 29, 1980 Page 33 Navigable Waters; Nonresident Property Owners; Votes And Voting; Votes and Voting; Public Inland Lake Protection and Rehabilitation Districts. Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the […]

WILLIAM LEITSCH, Corporation Counsel, Columbia County. Attorney General of Wisconsin — Opinion. November 30, 1971. Public Records — Confidentiality — (Informal) — Finance committee of county board probably has right to inspect applications of persons seeking home nursing care. ROBERT W. WARREN, Attorney General WILLIAM LEITSCH, Corporation Counsel, Columbia County You have requested my opinion […]

PATRICK J. LUCEY, Governor Attorney General of Wisconsin — Opinion January 11, 1977. Agriculture, Loans; Banks And Banking; Bonds; Funds; A proposal for a state guarantee of loans to young farmers would violate Wis. Const. art. VIII, sec. 3, and a proposal to utilize the state’s bonding power to provide low interest loans to young […]

JAMES L. KARNS, Administrator, Division of Motor Vehicles. Attorney General of Wisconsin — Opinion. January 22, 1971. Motor Vehicles — Weight Limitations — (Informal) — Section 348.20 (3), Stats., in effect, increases the maximum weight of a motor vehicle from 73,000 pounds to 74,500 pounds. ROBERT W. WARREN, Attorney General JAMES L. KARNS, Administrator, Division […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion October 30, 1975. Natural Resources, Department Of; Pollution; Individual property owners incidentally affected by a Department of Natural Resources legislative decision to approve or disapprove plans for an air contaminant source pursuant to sec. 144.39, Stats., are not guaranteed a hearing before […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion February 25, 1977. Circuit Court; Clerk of Courts. Counties, County Court; County Judge; County Clerk; Courts; Judges, Justice Court And Justice of Peace; Municipal Court; Municipalities, Traffic; In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs and Development Attorney General of Wisconsin — Opinion September 27, 1974. Cities; Redevelopment Authority; A city may reimburse a commissioner of the city redevelopment authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for […]

GEORGE H. HANDY, M.D., State Health Officer. Attorney General of Wisconsin — Opinion. July 30, 1971. Cosmetology — Licensing of Aliens — (Informal) — An alien is eligible for a manager’s license in cosmetology even though his training was in a foreign country which had no citizenship requirement. ROBERT W. WARREN, Attorney General GEORGE H. […]

PAUL CORNETT, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion March 11, 1981. Indians; Jurisdiction; Law Enforcement; Menominee Indians; Residence, Domicile And Legal Settlement; Jurisdictional relationship between State and Menominee Tribe discussed. BRONSON C. La FOLLETTE, Attorney General PAUL CORNETT, District Attorney Shawano and Menominee Counties You have asked several questions […]

WILLIS J. ZICK, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion June 5, 1974 Land; A replat of a recorded subdivision must comply with the formal platting requirements of ch. 236, Stats., relating to new subdivision plats, including those relating to the survey, approval and recording. Page 194 ROBERT W. WARREN, Attorney General […]

WILLIAM A.J. DRENGLER, Corporation Counsel Marathon County Attorney General of Wisconsin — Opinion January 5, 1984 CORPORATION COUNSEL; COUNTIES; DISTRICT ATTORNEY; 51.42 BOARD; WORDS AND PHRASES; Section 51.42(5)(h)7. permits multicounty 51.42/51.437 board to retain private legal counsel only where the corporation counsel of each county, or district attorney of each county not having a corporation […]

MORGAN R. BUTLER, III, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion July 22, 1983 Discrimination; Sheriffs; Wisconsin Retirement Fund; County collective bargaining agreement providing for payment of employe contribution to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. BRONSON C. La […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. December 4, 1972. County Welfare Personnel — Salary Levels — Chapter 145, Laws of 1971, grants authority to county boards to establish the salary levels of county welfare personnel where authority to do so is properly delegated pursuant to rules established by the Department of […]

WALTER KUNICKI, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion May 2, 1991 Gambling; Lotteries; Lottery Board; Words And Phrases; Under article IV, section 24 of the Wisconsin Constitution the Legislature may not authorize any scheme involving prize, chance, and consideration without amending the constitution unless the scheme falls within the bingo, raffle, […]

GEORGE H. AUSTIN, Executive Director, State Investment Board Attorney General of Wisconsin — Opinion November 15, 1974. Open Meeting; Investment Board, Wisconsin; Posting in Governor’s office of agenda of future Investment Board meetings is not sufficient communication under sec. 66.77 (2) (e), Stats., as created by ch. 297, Laws of 1973, to the public or […]

BURLEIGH A. RANDOLPH, District Attorney, LaCrosse County. Attorney General of Wisconsin — Opinion. March 3, 1971. Interception of Communications — Bomb and Harrassing Calls — (Informal) — The use of the “called party control device” by the communications common carrier to trace bomb scares and other harrassing telephone calls would not violate any Federal or […]

JEFFREY B. BARTELL, Commissioner of Securities Attorney General of Wisconsin — Opinion April 8, 1975 Interest; Securities Law; Section 138.05 (1) (a), Stats., operates to limit the interest rate which a securities broker-dealer may charge to a noncorporate customer under a margin account agreement; a choice-of-law provision in margin account agreement will have the effect […]

ROGER L. HARTMAN, District Attorney, Buffalo County. Attorney General of Wisconsin — Opinion. June 30, 1971. County Corporation Counsel — Juvenile Court — (Informal) — Whether the district attorney or the corporation counsel appears in children’s court matters rests largely within the discretion of the presiding, juvenile judge. ROBERT W. WARREN, Attorney General ROGER L. […]

SARAH DEAN, Secretary, Department of Regulation and Licensing Attorney General of Wisconsin — Opinion June 15, 1977. Advertising; Optometry; The prohibition against advertising the price of lenses, frames and complete glasses contained in sec. 449.10, Stats., violates the first amendment to the United States Constitution and therefore is invalid. Further, price advertising of lenses, frames […]

BARBARA NICHOLS, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion May 7, 1986 Lotteries; Words and Phrases; Provisions of chapter 163 regarding eligibility for raffle license, scope of ticket sales, restrictions on ticket sales and payment of fees or salaries discussed. BARBARA NICHOLS, Secretary Department of Regulation and Licensing You have […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion April 28, 1989 Natural Resources, Department Of; Open Meeting; Department of Natural Resources advisory committees that have at least some members who are not officers or employes of the DNR and that are appointed by the board, the secretary, district directors, […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion September 30, 1981. Governor; Legislation; Failure of the Governor to express his objections to several possible partial vetoes of the 1981-82 Budget Bill make any such possible vetoes ineffective. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, Speaker State Assembly You request my opinion […]

SENATE COMMITTEE ON ORGANIZATION, Legislature Attorney General of Wisconsin — Opinion April 28, 1978. Annuity; Court Commissioner; Judges; Public Officials, Retirement Systems; If sec. 356 of 1977 Senate Bill 720 or the amendment to sec. 356 contained in Senate Amendment 3 to Senate Bill 720 were enacted into law, either would be constitutionally invalid. BRONSON […]

WILLIAM C. KAHL, Superintendent Department of Public Instruction. Attorney General of Wisconsin — Opinion. September 3, 1971. Teacher Contracts — Collective Bargaining — (Informal) — Individual teacher’s contract under secs. 118.21 and 118.22, Stats., is subservient to collective bargaining contract under sec. 111.70, Stats. Relationship discussed. ROBERT W. WARREN, Attorney General WILLIAM C. KAHL, Superintendent […]

R.J. MCMAHON, Commissioner of Savings and Loan Attorney General of Wisconsin — Opinion November 18, 1974. Mortgages; Savings And Loan Associations; Second mortgage constitutes equivalent security interest when held by savings and loan association which holds first mortgage, and there are no intervening liens. Sections 428.101, 428.106 (5), 227.014 (2) (a), Stats., discussed. VICTOR A. […]

EUGENE LEHRMANN, State Director Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion December 30, 1976. Vocational, Technical And Adult Education, Board Of; Vocational And Adult Education; Transportation; Funds; Appropriations And Expenditures; VTAE Board may subsidize public bus line to provide transportation under sec. 38.14 (6), Stats. BRONSON C. La FOLLETTE, […]

JAMES C. BABLER, District Attorney Barron County Attorney General of Wisconsin — Opinion September 23, 1986 Compatibility; Office of county supervisor and position of assistant state public defender are compatible. BRONSON C. La FOLLETTE, Attorney General JAMES C. BABLER, District Attorney Barron County You request my opinion whether the office of county supervisor and the […]

RICHARD E. GARROW, Corporation Counsel Manitowoc County Attorney General of Wisconsin — Opinion October 26, 1976. County Sanitarian; Sanitarians; County Board; Administrative Code; Environmental Sanitation; County board which creates solid waste management system and board may withhold or take away functions specified in sec. 59.07 (135), Stats. BRONSON C. La FOLLETTE, Attorney General RICHARD E. […]

MARCEL DANDENEAU, Chief Clerk Wisconsin Assembly Attorney General of Wisconsin — Opinion September 10, 1979. Constitutionality; Radar Detector; Proposed legislation to create sec. 347.483 of the statutes, which would prohibit the use and sale of radar detectors meets due process requirements and is constitutionally sound. Moreover, such a law would not violate the commerce or […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion December 13, 1978. Agriculture, Counties, County Board, Ordinances; Towns; Zoning, The extent to which sec. 91.73 (4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. February 28, 1972. Fee Schedule For Attorneys — State Bar of Wisconsin — Legislation which prohibits the promulgation of a minimum fee schedule by the State Bar of Wisconsin does not offend state and federal due process or the right to freedom of speech under […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion November 23, 1982. Drivers; Schools and School Districts; Public school districts may not charge students for the cost of providing driver education programs if the programs are credited towards graduation. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, Speaker State Assembly On behalf of […]

WALTER L. WASHBURN, M.D., Secretary Medical Examining Board Attorney General of Wisconsin — Opinion September 16, 1983 Licenses And Permits; Medical Examining Board; The direction in section 448.02(3), Stats., that the Medical Examining Board render its decision within ninety days following the completion of the hearing is mandatory rather than directory. Page 148 BRONSON C. […]

BRUCE E. SCHROEDER, District Attorney, Kenosha County Attorney General of Wisconsin — Opinion June 23, 1976. Bail; Bonds; Court Commissioner; Courts; Criminal Law; Defendant; Judges; Public Officials; Judges and court commissioners have power, prior to the filing of a criminal complaint, to release on bail persons arrested for commission of a felony. BRONSON C. La […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion October 27, 1980 Constitutionality; Taxation; 1977 amendment to sec. 70.511(2), Stats., which allows municipalities to pass on part of delayed refund claims to other taxing districts for which taxes were collected, does not violate the uniformity provision of Wis. Const. […]

TOM RUSBOLDT, District Attorney Manitowoc County Attorney General of Wisconsin — Opinion March 29, 1974. Automobiles And Motor Vehicles; Flashing blue lights on police vehicles are prohibited by sec. 347.07 (2) (c), Stats. ROBERT W. WARREN, Attorney General TOM RUSBOLDT, District Attorney Manitowoc County You have asked my opinion as to the legality of the […]

MARK E. MUSOLF, Secretary Department of Revenue Attorney General of Wisconsin — Opinion May 2, 1979. Intoxicating Liquors; Blend of liquor taxed under sec. 139.03 (2t), Stats., and other liquor may be taxed proportionately without violating sec. 139.03 (3), Stats. BRONSON C. La FOLLETTE, Attorney General MARK E. MUSOLF, Secretary Department of Revenue Your predecessor […]

THOMAS A. LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion April 2, 1984 ELECTIONS; PUBLIC OFFICIALS; Statutes and rules which restrict the partisan activities of some employes and officeholders do not offend the first amendment even if they result in the employes or officeholders being prohibited from participating in the party caucuses […]

JOSEPH STROHL, Chairman Wisconsin Radioactive Waste Review Board Attorney General of Wisconsin — Opinion August 12, 1992 Radioactive Waste Review Board; Waste Management; Only the Radioactive Waste Review Board is authorized to negotiate agreements with the federal government regarding the disposal of high-level nuclear waste and transuranic waste either in a high-level radioactive waste repository […]

HOMER C. MITTELSTADT, Corporation Counsel, Eau Claire County. Attorney General of Wisconsin — Opinion. May 3, 1972. Regional Planning Commission — Zoning Power — The fact that a county is within a regional planning commission does not affect county zoning power under sec. 59.97, Stats. Page 221 ROBERT W. WARREN, Attorney General HOMER C. MITTELSTADT, […]

CLARKE SMITH, Secretary, Board of Regents of the University of Wisconsin System. Attorney General of Wisconsin — Opinion. March 17, 1972. Board of Regents — Gifts And Bequests — Board of Regents’ use of gifts and bequests, effective prior to ch. 100, Laws of 1971, discussed. ROBERT W. WARREN, Attorney General CLARKE SMITH, Secretary, Board […]

FRED A. RISSER, President Pro Tempore Wisconsin State Senate Attorney General of Wisconsin — Opinion June 7, 1978. Capitol; Churches; Public Buildings; Public Property; Religion; The described Christmas pageant presented by the Madison Civic Music Association, Inc., in the Capitol building does not involve governmental advancement or inhibition of religion or governmental entanglement with religion […]

ROBERT C. ZIMMERMAN, Secretary of State, JAMES R. ERICKSON, District Attorney. Attorney General of Wisconsin — Opinion. June 15, 1972. Residency — Military Personnel — Voting residency of family members of military personnel stationed in Wisconsin discussed. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State JAMES R. ERICKSON, District Attorney Both of […]

RICHARD OTTOW, Office of the Commissioner of Credit Unions Attorney General of Wisconsin — Opinion June 21, 1989 Credit Unions; A Wisconsin credit union may invest in a credit union service corporation which sells insurance to the general public so long as the corporation was organized to primarily serve credit unions and their members. DONALD […]

O.A. HILDEBRANDT, D.V.M., Chairman Veterinary Examining Board Attorney General of Wisconsin — Opinion October 21, 1976. Veterinarian; Medicine; Physicians And Surgeons; Humane Society; Vaccination; Health; Animals; The termination of the life of animal by injection is not the practice of veterinary medicine. BRONSON C. La FOLLETTE, Attorney General O.A. HILDEBRANDT, D.V.M., Chairman Veterinary Examining Board […]

GERALD C. NICHOL, District Attorney, Dane County. Attorney General of Wisconsin — Opinion. December 17, 1971. Juvenile Court — District Attorney — (Informal) — Juvenile judge may admit or exclude district attorney in juvenile proceedings. ROBERT W. WARREN, Attorney General GERALD C. NICHOL, District Attorney, Dane County You have asked my opinion whether a juvenile […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. August 3, 1973. Funds — Condemnation — The question of whether benefits and assistance provided by ch. 409, Laws of 1969, as amended by ch. 103, Laws of 1971, must be afforded an owner of property or his tenant […]

BARTLEY G. MAUCH, District Attorney Sauk County Attorney General of Wisconsin — Opinion March 24, 1977. Plats And Platting; Register Of Deeds; Surveys; Certified survey maps provided for by sec. 236.34, Stats., are corrected by subsequent recording of corrected survey maps. BRONSON C. La FOLLETTE, Attorney General BARTLEY G. MAUCH, District Attorney Sauk County You […]

DAVID B. DEDA, District Attorney Price County Attorney General of Wisconsin — Opinion March 25, 1976 Law Enforcement; Municipalities; Under sec. 66.30, Stats., a county may contract to furnish certain law enforcement services to cities, villages and towns within the county but cannot take over all law enforcement functions. A deputy sheriff may not be […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. June 7, 1971. Residence — Voting Absentee — (Informal) — Voter residency and absentee voting discussed. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You advise that each election your office receives inquiries from local election officials whose voter registration […]

ANTHONY EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion December 26, 1979 Fish And Game; Indians; Licenses And Permits; Indian fishers eligible to share in Tribal Treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the state can exclude such individuals from sharing […]

ARTHUR D. BROWNE, Executive Director, Coordinating Council for Higher Education. Attorney General of Wisconsin — Opinion. January 25, 1971. Coordinating Council for Higher Education — Duties — (Formal) — Under ch. 39, Stats., duties of Coordinating Council for Higher Education are of planning and budgetary nature rather than managerial or administrative. Numerous questions regarding Council […]

WILLIAM N. BELTER, District Attorney, Waushara County Attorney General of Wisconsin — Opinion June 2, 1977. Banks And Banking; Collection Of Account; Creditors’ Actions; Criminal Law; “Past consideration” as that term is used in sec. 943.24 (3), Stats., is present in a situation in which one party belatedly delivers to another a check in consideration […]

JAMES L. CIRILLI, District Attorney, Douglas County Attorney General of Wisconsin — Opinion December 30, 1975. Counties; Workmen’s Compensation; County is liable for the negligent acts of Rescue Unit volunteers gratuitously performing service for the county, and is liable to such volunteers for Workmen’s Compensation when the unit has not insured its liability for compensation […]

JAMES H. FASSBENDER, Assistant District Attorney Waupaca County Attorney General of Wisconsin — Opinion August 30, 1989 Clerk Of Courts; County Treasurer; A county board of supervisors may not require a clerk of court to turn over funds held by him or her to the county treasurer on Friday of each week. DONALD J. HANAWAY, […]