165.25 Duties of department of justice.

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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 .

(bn)The department of justice shall provide legal services, other than those relating to civil actions or opinions, under ch. 150 to the department of health services.

(c)The department shall at the end of each fiscal year, except for programs financed out of the general fund and except for services required to be provided by statute other than this subsection, render to the respective agencies enumerated in this subsection an itemized statement of the total cost of the legal and other services including travel expenses and legal expenses enumerated in s. 20.455

(d).

(d)Upon receipt of the statement, the respective agency head shall audit the statement and upon finding it to be correct shall certify the amount of the statement to the department of administration to be paid into the general fund out of the agency’s proper appropriation.

(5)Prepare forms. Whenever requested by the head of any department of the state government, the department of justice shall prepare proper drafts of forms for contracts and other writings which may be wanted for the use of the state.

(6)Attorney for state.

1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties.

Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07 . The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09

(2m)or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

2. Members, officers, and employees of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04

(3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275

(2), and persons consulting with that council under s. 655.275

(b)are covered by this section with respect to actions, claims, or other matters arising before, on, or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

(b)Volunteer health care providers who provide services under s. 146.89 , except those described in s. 146.89

(a), practitioners who provide services under s. 257.03 , and health care facilities on whose behalf services are provided under s. 257.03 are, for the provision of those services, covered by this section and shall be considered agents of the department of health services for purposes of determining which agency head may request the attorney general to appear and defend them.

(c)Physicians, physician assistants, and advanced practice registered nurses under s. 251.07 or 252.04

(b)are covered by this section and shall be considered agents of the department of health services for purposes of determining which agency head may request the attorney general to appear and defend them.

Effective date note NOTE: Par.

(c)is shown as amended eff. 9-1-26 by 2025 Wis. Act 134 . Prior to 9-1-26 it reads:

Effective date text

(c)Physicians, physician assistants, and advanced practice nurse prescribers under s. 251.07 or 252.04

(e)The department of justice may appear for and defend the state or any state department, agency, official or employee in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under 42 USC 9607 . The action may be compromised and settled in the same manner as provided in par.

(a). At the request of the department of natural resources, the department of justice may provide legal representation to the state or to the department of natural resources in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employee of the state or as a waiver of sovereign immunity.