165.25 Duties of department of justice.
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/wi/chapter-165/165-25-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
165.25 Duties of department of justice. The department of justice shall:
(1)Represent state in appeals and on remand. Except as provided in ss. 5.05
(a), 19.49
(a), and 978.05
(5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09
(2m)at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.
(1m)Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09
(2m)at any time. The public service commission may request under s. 196.497
(7)that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455
(d).
(2)Prosecute breaches of bonds and contracts. Prosecute, at the request of the governor, or of the head of any department of the state government any official bond or any contract in which the state is interested, deposited with any of them, upon a breach thereof, and prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with any of their departments except in those cases where other provision is made.
(3)Advise district attorneys. Consult and advise with the district attorneys when requested by them in all matters pertaining to the duties of their office.
(3m)Review obscenity cases. Review obscenity cases submitted to the department by district attorneys under s. 944.21
(7). The attorney general shall determine whether a prosecution may be commenced.
(3r)Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employee or agent under subs.
(1),
(1m),
(a)and
(6).
(4)Furnish legal services; appropriation.
(a)The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.
(ag)The department of justice shall furnish legal services upon request of the department of safety and professional services under s. 167.35
(7).
(am)The department of justice shall furnish legal services to the department of safety and professional services in all proceedings under s. 440.21
(3), together with any other services, including stenographic and investigational, as are necessarily connected with the legal services.
(ar)The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68 , 93.73 , 100.171 , 100.173 , 100.174 , 100.175 , 100.177 , 100.18 , 100.182 , 100.195 , 100.20 , 100.205 , 100.207 , 100.209 , 100.21 , 100.28 , 100.37 , 100.42 , 100.50 , 100.51 , 100.55 , and 846.45 and chs. 126 , 136 , 344 , 704 , 707 , and 779 , together with any other services as are necessarily connected to the legal services.
(as)The department of justice shall furnish legal services to the livestock facility siting review board in defending appeals under s. 93.90
(e)of decisions of the board.
(b)The department of justice shall furnish bond counsel services to the building commission when the building commission contracts public debt under subch. I of ch. 18 .