Wisconsin Statutes

Wis. Stat. § 14.11 (2026)

Legal actions and proceedings

✓ current as of July 2026

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14.1114.11 Legal actions and proceedings.

14.11(1)(1) State property; legal protection of. The governor, whenever in the governor’s opinion the rights, interests or property of the state have been or are liable to be injuriously affected, may require the attorney general to institute and prosecute any proper action or proceeding for the redress or prevention thereof; and whenever the governor receives notice of any action or proceeding between other parties by which the rights, interests or property of the state are liable to be injuriously affected, the governor shall inform the attorney general thereof and require the attorney general to take such steps as may be necessary to protect such rights, interests, or property.

14.11(2)(2) Employment of special counsel.

14.11(2)(a)(a) The governor, if in the governor’s opinion the public interest requires such action, may employ special counsel in the following cases:

14.11(2)(a)1.1. To assist the attorney general in any action or proceeding;

14.11(2)(a)2.2. To act instead of the attorney general in any action or proceeding, if the attorney general is in any way interested adversely to the state;

14.11(2)(a)3.3. To defend any action instituted by the attorney general against any officer of the state;

14.11(2)(a)4.4. To institute and prosecute an action or proceeding which the attorney general, by reason of the attorney general’s opinion as to the validity of any law, or for any other reason, deems it the duty of the attorney general to defend rather than prosecute.

14.11(2)(b)(b) When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. If the compensation is being determined on a contingent fee basis, the contract is subject to s. 20.9305. The contract shall be executed in behalf of the state by the governor, and shall be filed in the office of the secretary of state. Such compensation shall be charged to the special counsel appropriation in s. 20.505 (1) (d).

14.11(2)(c)(c) Upon employment of special counsel, the governor shall certify the maximum amount provided in the employment contract to the secretary of administration, and direct the department to pay special counsel bills related to that case within the certified figure.

14.11 HistoryHistory: 1971 c. 164; 1981 c. 20 s. 2202 (17) (a); 1985 a. 332 s. 253; 1991 a. 316; 2013 a. 20, 105, 151.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1982–2024 · leading case: State v. City of Oak Creek, 2000 WI 9 (Wis. 2000).

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State v. City of Oak Creek, 2000 WI 9 (Wis. 2000). · cites it 16× “Second, under Wis. Stat. § 14.11 (2)(a)4, the attorney general may use "his opinion as to the validity of any law" in deciding which side to take in a case.”

Panzer v. Doyle, 2004 WI 52 (Wis. 2004). · cites it 4× “, Wis. Stat. § 14.11 , authorizing governor to employ special counsel "if in the governor's opinion the public interest requires such action" without providing any review procedures; Wis.”

Kristi Koschkee v. Tony Evers, 913 N.W.2d 878 (Wis. 2018). · cites it 4× “¶ 51 The legislature also enacted Wis. Stat. § 14.11 (2)(a) 2 to allow for "special counsel" in certain circumstances, i.”

State v. Abbott Labs., 2013 WI App 31 (Wis. Ct. App. 2013). · cites it 6× “11(2)(b) reads as follows: *593 When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. The contract shall be executed in behalf of the state…”

Gehin v. Wisconsin Grp. Ins. Bd., 2005 WI 16 (Wis. 2005). · cites it 2× “1972); Kenneth Culp Davis, Administrative Law of the Seventies § 14.11 at 339-42 (1976). [79] Perales, 402 U.”

Milwaukee All. Against Racist & Political Repression v. Elections Bd., 317 N.W.2d 420 (Wis. 1982). · cites it 2× “Kennedy, was appointed spe *598 cial counsel to represent the Elections Board, pursuant to sec. 14.11(2), Stats. 2 On June 24, 1981, the Elections Board filed a petition with this court requesting permission to commence an original action to resolve the issues or alternatively…”

State v. Dunn, 570 N.W.2d 614 (Wis. Ct. App. 1997). · cites it 2× “It cites § 14.11(2), Stats., which permits the governor to employ special counsel, as an example.”

Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). · cites it 2× “11 (2), when a conflict arises and the attorney general, as part of the executive branch, is unable to represent a named judicial party, it is the judicial branch rather than the executive branch that selects subsequent representation. See id., ¶13 n.3 (citing SCR 81.”

Glenn Bluemer v. Brian Young (Wis. Ct. App. 2024). · cites it 2× “” The Declarants provided an easement so that all unit owners could have access to Eagle Lake and provided the right of each unit owner to keep a boat in a slip on one of the Condominium’s piers.”

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— Wis. Stat. § 14.11(2) — 3 cases

State v. Abbott Labs., 2013 WI App 31 (Wis. Ct. App. 2013). “11(2)(b) reads as follows: *593 When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. The contract shall be executed in behalf of the state…”

Milwaukee All. Against Racist & Political Repression v. Elections Bd., 317 N.W.2d 420 (Wis. 1982). “Kennedy, was appointed spe *598 cial counsel to represent the Elections Board, pursuant to sec. 14.11(2), Stats. 2 On June 24, 1981, the Elections Board filed a petition with this court requesting permission to commence an original action to resolve the issues or alternatively…”

State v. Dunn, 570 N.W.2d 614 (Wis. Ct. App. 1997). “It cites § 14.11(2), Stats., which permits the governor to employ special counsel, as an example.”

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