ARTICLE VI.Article VI, Â§1
Election of secretary of state, treasurer and attorney general; term. Section 1. [As amended April 1979] The qualified electors of this state, at the times and places of choosing the members of the legislature, shall in 1970 and every 4 years thereafter elect a secretary of state, treasurer and attorney general who shall hold their offices for 4 years. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]Article VI, Â§1m
Secretary of state; 4-year term. Section 1m. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]Article VI, Â§1n
Treasurer; 4-year term. Section 1n. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]Article VI, Â§1p
Attorney general; 4-year term. Section 1p. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]Article VI, Â§2
Secretary of state; duties, compensation. Section 2. [As amended Nov. 1946] The secretary of state shall keep a fair record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services yearly such sum as shall be provided by law, and shall keep his office at the seat of government. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]Article VI, Â§3
Treasurer and attorney general; duties, compensation. Section 3. The powers, duties and compensation of the treasurer and attorney general shall be prescribed by law.Article VI, Â§3 - ANNOT.
The attorney general does not have authority to challenge the constitutionality of statutes. State v. City of Oak Creek, 223 Wis. 2d 219, 588 N.W.2d 380 (Ct. App. 1998), 97-2188.Article VI, Â§3 - ANNOT.
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.Article VI, Â§4
County officers; election, terms, removal; vacancies. Section 4. [As amended Nov. 1882, April 1929, Nov. 1962, April 1965, April 1967, April 1972, April 1982, Nov. 1998, April 2005]
Article VI, Â§4 ï¿½(1) (1)
Article VI, Â§4 ï¿½(1) (a) (a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, district attorneys, and all other elected county officers, except judicial officers, sheriffs, and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.
Article VI, Â§4 ï¿½(1) (b) (b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.Article VI, Â§4 (1) (c) (c)
Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, district attorneys, registers of deeds, county clerks, and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.
Article VI, Â§4 ï¿½(2) (2) The offices of coroner and surveyor in counties having a population of 500,000 or more are abolished. Counties not having a population of 500,000 shall have the option of retaining the elective office of coroner or instituting a medical examiner system. Two or more counties may institute a joint medical examiner system.
Article VI, Â§4 (3) (3)
Article VI, Â§4 (3) (a) (a) Sheriffs may not hold any other partisan office.
Article VI, Â§4 (3) (b) (b) Sheriffs may be required by law to renew their security from time to time, and in default of giving such new security their office shall be deemed vacant.
Article VI, Â§4 (4) (4) The governor may remove any elected county officer mentioned in this section except a county clerk, treasurer, or surveyor, giving to the officer a copy of the charges and an opportunity of being heard.
Article VI, Â§4 (5) (5) All vacancies in the offices of coroner, register of deeds or district attorney shall be filled by appointment. The person appointed to fill a vacancy shall hold office only for the unexpired portion of the term to which appointed and until a successor shall be elected and qualified.
Article VI, Â§4 (6) (6) When a vacancy occurs in the office of sheriff, the vacancy shall be filled by appointment of the governor, and the person appointed shall serve until his or her successor is elected and qualified. [1881 J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 1927 J.R. 24, 1929 J.R. 13, vote April 1929; 1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962; 1963 J.R. 30, 1965 J.R. 5, vote April 1965; 1965 J.R. 61, 1967 J.R. 12, vote April 1967; 1969 J.R. 33, 1971 J.R. 21, vote April 1972; 1979 J.R. 38, 1981 J.R. 15, vote April 1982; 1995 J.R. 23, 1997 J.R. 18, vote November 1998; 2003 J.R. 12, 2005 J.R. 2, vote April 2005]Article VI, Â§4 - ANNOT.
This section does not bar a county from assisting in the defense of actions brought against the sheriff as a result of the sheriff's official acts. Bablitch and Bablitch v. Lincoln County, 82 Wis. 2d 574, 263 N.W.2d 218.Article VI, Â§4 - ANNOT.
Sheriff's powers and duties are discussed. Professional Police Association. v. Dane County, 106 Wis. 2d 303, 316 N.W.2d 656 (1982).Article VI, Â§4 - ANNOT.
A sheriff's assignment of a deputy to an undercover drug investigation falls within the constitutionally protected powers of the sheriff and could not be limited by a collective bargaining agreement. Manitowoc Co. v. Local 986B 168 Wis. 2d 819, 484 N.W.2d 534 (1992). See also Washington County v. Deputy Sheriff's Association, 192 Wis. 2d 728, 531 N.W.2d 468 (Ct. App. 1995).Article VI, Â§4 - ANNOT.
The sheriff's power to appoint, dismiss ,or demote a deputy is not constitutionally protected and may be limited by a collective bargaining agreement not in conflict with the statutes. Heitkemper v. Wirsing, 194 Wis. 2d 182, 533 N.W.2d 770 (1995). See also Brown County Sheriff Dept. v. Employees Association, 194 Wis. 2d 266, 533 N.W.2d 766 (1995).Article VI, Â§4 - ANNOT.
An entity characterized as the "office of the district attorney" or "district attorney," separate from the elected official, does not have authority to sue or be sued. Buchanan v. City of Kenosha, 57 F. Supp. 2d 675 (1999).Article VI, Â§4 - ANNOT.
Implementation legislation is necessary before counties under 500,000 may abolish the office of coroner. 61 Atty. Gen. 355.Article VI, Â§4 - ANNOT.
A county board in a county under 500,000 can abolish the elective office of coroner and implement a medical examiner system to be effective at the end of incumbent coroner's term. Language in 61 Atty. Gen. 355 inconsistent herewith is withdrawn. 63 Atty. Gen. 361.Article VI, Â§4 - ANNOT.
This section does not immunize counties from liability for their own acts. Soderbeck v. Burnett County, Wis. 752 F.2d 285 (1985).Article VI, Â§4 - ANNOT.
A county sheriff is an officer of the state, not county, when fulfilling constitutional obligations. Soderbeck v. Burnett County, Wis. 821 F.2d 446 (7th Cir. 1987).Article VI, Â§4 - ANNOT.
A sheriff represents the county when enforcing the law. Sovereign immunity for state officials under the 11th amendment to the U.S. constitution does not apply. Abraham v. Piechowski, 13 F Supp 2d 1023 (1998). ARTICLE VII. JUDICIARY Article VII, Â§1
Impeachment; trial. Section 1. [As amended Nov. 1932] The court for the trial of impeachments shall be composed of the senate. The assembly shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his office, after he shall have been impeached, until his acquittal. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law. [1929 J.R. 72, 1931 J.R. 58, vote Nov. 1932]Article VII, Â§2
Court system. Section 2. [As amended April 1966 and April 1977] The judicial power of this state shall be vested in a unified court system consisting of one supreme court, a court of appeals, a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law, and a municipal court if authorized by the legislature under section 14. [1963 J.R. 48, 1965 J.R. 50, vote April 1966; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]Article VII, Â§2 - ANNOT.
The Shawano-Menominee court was a constitutional district court since Menominee county was not organized for judicial purposes. Pamanet v. State, 49 Wis. 2d 501, 182 N.W.2d 459.Article VII, Â§2 - ANNOT.
If s. 425.113 were to be interpreted so as to remove a court's power to issue a body attachment for one who chooses to ignore its orders, that interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562.Article VII, Â§2 - ANNOT.
Courts have no inherent power to stay or suspend the execution of a sentence in the absence of statutory authority. A court's refusal to impose a legislatively mandated sentence constitutes an abuse of discretion and usurpation of the legislative field. State v. Sittig, 75 Wis. 2d 497, 249 N.W.2d 770.Article VII, Â§2 - ANNOT.
WERC is authorized by s. 111.06 (1) (L) to determine whether conduct in violation of criminal law has occurred, which is not a delegation of judicial power in violation of Art. VII, sec. 2 nor does the administrative procedure violate Art. I, sec. 8. Layton School of Art & Design v. WERC, 82 Wis. 2d 324, 262 N.W.2d 218.Article VII, Â§2 - ANNOT.
Courts have no inherent power to dismiss a criminal complaint with prejudice prior to attachment of jeopardy. State v. Braunsdorf, 92 Wis. 2d 849, 286 N.W.2d 14 (Ct. App. 1979).Article VII, Â§2 - ANNOT.
The highest standard of proof of an articulated compelling need must be met before a court will order the expenditure of public funds for its own needs. Flynn v. Department of Administration, 216 Wis. 2d 521, 576 N.W.2d 245 (1998), 96-3266.Article VII, Â§2 - ANNOT.
Judicial assistants are subject to the judiciary's exclusive authority once appointed. Any collective bargaining agreement between a county and employee's union that provides for possible "bumping" of the assistant by another employee and final and binding arbitration regarding disputes over bumping is an unconstitutional infringement on the court's inherent powers. Barland v. Eau Claire County, 216 Wis. 2d 560, 575 N.W.2d 691 (1998), 96-1607.Article VII, Â§2 - ANNOT.
Probation and probation revocation are within the powers shared by the branches of government. Legislative delegation of revocation to the executive branch does not unduly burden or substantially interfere with the judiciary's constitutional function to impose criminal penalties. State v. Horn, 226 Wis. 2d 637, 594 N.W.2d 772 (1999), 97-2751.Article VII, Â§2 - ANNOT.
A court's inherent powers are those that must be used to enable the judiciary to accomplish its constitutional or statutory functions and include the power to maintain the dignity of the court, transact its business, or accomplish the purpose of its existence. Courts have inherent power to investigate claims that a party is engaging in fraudulent behavior or improperly influencing witnesses, and a court is within its authority to hold an evidentiary hearing on such matters. Schultz v. Sykes, 2001 WI App 255, 248 Wis. 2d 746, 638 N.W.2d 604, 00-0915.Article VII, Â§2 - ANNOT.
In mental hearings under 51.02, 1973 stats., or alcohol or drug abuse hearings under 51.09 (1), 1973 stats., the power to appoint an attorney at public expense, to determine indigency and to fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the county board or delegated to a private nonprofit corporation. 63 Atty. Gen. 323.Article VII, Â§2 - ANNOT.
Unless acting in a clear absence of all jurisdiction, judges are immune from liability for judicial acts, even when such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly. Stump v. Sparkman, 435 U.S. 349 (1978).Article VII, Â§2 - ANNOT.
An integrated state bar's use of mandatory dues to fund political or ideological activities violates free speech provisions. Keller v. State Bar of California, 496 U.S. 226, 110 L. Ed. 2d 1 (1990).Article VII, Â§2 - ANNOT.
Court reform of 1977: The Wisconsin supreme court ten years later. Bablitch. 72 MLR 1 (1988).Article VII, Â§2 - ANNOT.
The separation of powers control of courts and lawyers. Currie, Resh, 1974 WBB No. 6.