Office of the Attorney General

The attorney general shall . . . "[g]ive his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government." -- Wis. Stat. § 165.015

 

By statute, the Attorney General must, when asked, provide the legislature and designated Wisconsin state government officials with an opinion on legal questions. The Attorney General may also give formal legal opinions to district attorneys and county corporation counsel under certain circumstances. Wis. Stat. § 165.25(3) and 59.42(1)(c). Please see 77 Op. Att’y Gen. Preface (1988) for a more detailed explanation of the criteria for requesting a formal opinion.

 

Opinions of the Attorney General (OAG) typically provide guidance when confusion exists about the meaning of a statute and Wisconsin appellate courts have not yet definitively answered the question. Wisconsin courts do not have any obligation to follow an interpretation provided by an OAG, but they often do. As the Wisconsin Court of Appeals has written, "Well-reasoned attorney general's opinions have persuasive value when a court later addresses the meaning of the same statute."

 

Throughout the years, the Attorney General has answered a wide range of questions. Sometimes an inquiry concerns the constitutionality of proposed legislation. Other times, the question might concern the scope of a government agency's authority. Whatever the issue, the Attorney General has an obligation to offer the highest quality analysis without regard to any political or partisan favor or consequences that might follow.

 

Attorney General opinions are available on the website for the Wisconsin Legislative Reference Bureau.

Formal Opinions

Friday, January 24, 2014

Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Partition Actions on Local Zoning Regulations and County Authority Requiring Prior Review of Sales or Exchanges of Land Between Adjoining Landowners

Thursday, December 12, 2013

Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Milwaukee County Board Confirmations of County Executive Appointments

Wednesday, August 14, 2013

Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Certain Activities of a County Executive and Requirements of Department Heads Appointed by a County Executive.

Informal Opinions

Wednesday, December 21, 2011

Attorney General J.B. Van Hollen Issues Informal Opinion Concerning County Nursing Home Operation on Donated Land with Conditions

Thursday, April 21, 2011

How a County Should Respond to a Petition for a Referendum to Reduce the Number of County Supervisory Districts

Monday, January 25, 2010

The Application of the Open Meetings Laws to Email Voting