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Office of the Attorney General
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J.B. Van Hollen, Attorney General
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Attorney General Opinions
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).
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."
Over 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
Wisconsin Legislative Reference Bureau.
Formal Attorney General Opinions
Informal Attorney General Opinions
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