Wisconsin Statutes

Wis. Stat. § 13.365 (2026)

Intervention

✓ current as of July 2026

Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

13.36513.365 Intervention. Pursuant to s. 803.09 (2m), when a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense:

13.365(1)(1) The committee on assembly organization may intervene at any time in the action on behalf of the assembly. The committee on assembly organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a), to represent the assembly in any action in which the assembly intervenes.

13.365(2)(2) The committee on senate organization may intervene at any time in the action on behalf of the senate. The committee on senate organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (b), to represent the senate in any action in which the senate intervenes.

13.365(3)(3) The joint committee on legislative organization may intervene at any time in the action on behalf of the legislature. The joint committee on legislative organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a) or (b), as determined by the cochairpersons, to represent the legislature in any action in which the joint committee on legislative organization intervenes.

13.365 HistoryHistory: 2017 a. 369.

13.365 AnnotationCertain institutional interests of the legislature were sufficient to defeat a facial challenge to the provisions of this section authorizing legislative intervention in certain cases and those requiring legislative consent to defend and prosecute certain cases. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2019–2025 · leading case: Planned Parenthood of Wis., Inc. v. Kaul, 384 F. Supp. 3d 982 (W.D. Wis. 2019).

Sort: Relevance Newest Treatment

Planned Parenthood of Wis., Inc. v. Kaul, 384 F. Supp. 3d 982 (W.D. Wis. 2019). · cites it 3× “the assembly, the senate, and the legislature may intervene as set forth under § 13.365 at any time in the action as a matter of right by serving a motion upon the parties as provided in § 804.”

Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). · cites it 15× “See § 5 ( Wis. Stat. § 13.365 ); § 26 ( Wis. Stat. § 165.”

Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). · cites it 11× “See § 5 ( Wis. Stat. § 13.365 ); § 26 ( Wis. Stat. § 165.”

Wisconsin Legislature v. Joshua Kaul (7th Cir. 2019). “” This language implies that intervention should be automatic, without any input from the trial court, as long as the conditions for author- ization under Wis. Stat. § 13.365 are met. Wisconsin’s courts may apply § 803.”

Josh Kaul v. Wisconsin State Legislature (Wis. Ct. App. 2024). “§ 13.365; WIS. STAT. § 803.09(2m). As we have explained, because the Plaintiffs have not met their burden to prove these provisions may not be constitutionally applied under any circumstances, the motion to dismiss the Plaintiffs’ facial challenge should have been granted.”

State v. Desmond J. Wilhite (Wis. Ct. App. 2025). “§ 13.365, Wilhite argues that this court should consider service timely.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.