AG Opinions

What is an AG Opinion?

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

 

Quill and Ink 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.

 

For opinions, please follow this link to the AG Opinion Archive.

Attorney General Opinions

Aug 22 2022

 

Attorney General Josh Kaul issued a formal opinion about the authority of the State of Wisconsin Investment Board to issue debt under chapter 25 of the Wisconsin Statutes.

 

The letter requesting the opinion can be found here.

 

Jun 2 2022

 

Attorney General Josh Kaul issued a formal opinion about the applicability of certain provisions in chapters 111 and 233 of the Wisconsin Statutes to the Authority regarding its power to collectively bargain with the nurses it employs.

 

The letter requesting the opinion can be found here

 

Oct 27 2020

Attorney General Josh Kaul issued a formal opinion about the applicability of certain provisions of 2011 Wisconsin Act 21 on state agencies’ authority to promulgate and enforce administrative rules.

 

The letter requesting the opinion can be found here.

 

May 15 2020

Attorney General Josh Kaul today issued an interim attorney general opinion on the applicability of Wisconsin Legislature v. Palm to local health officers' ability to issue local orders responding to the COVID-19 pandemic, in response to a request for an opinion from the Outagamie County Executive on Friday, May 15, 2020.

Mar 10 2020

Attorney General Josh Kaul issued a formal opinion about restitution owed to crime victims by criminal offenders that remains unpaid upon an offender’s death while under the Wisconsin Department of Corrections’ supervision.

 

The letter requesting the opinion can be found here.

 

Jan 28 2020

Attorney General Josh Kaul issued a formal opinion concerning county lease agreements for gravel, addressing certain provisions in chapter 83 of the Wisconsin Statutes and the constitutional “public purpose” doctrine.

 

The letter requesting the opinion can be found here.