Wisconsin Statutes
Wis. Stat. § 165.08 (2026)
Power to compromise
✓ current as of July 2026
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165.08(1)(1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.
165.08(2)(2) In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.
165.08 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.
165.08 AnnotationSub. (1) is unconstitutional as applied to two categories of cases: civil enforcement actions and cases the Department of Justice brings at the request of executive branch agencies for programs those agencies are statutorily charged with administering. Settling these two categories of cases is within the core powers of the executive branch, and the statutory requirement to obtain approval from the Joint Committee on Finance before settling these cases violates the state constitution’s separation of powers. Kaul v. Wisconsin State Legislature, 2025 WI 23, 416 Wis. 2d 322, 21 N.W.3d 513, 22-0790.
165.08 AnnotationThe act of filing a lawsuit with a simultaneous proposed consent decree constitutes the commencement, prosecution, and compromise of a civil action. Therefore, sub. (1) requires, as a condition precedent to settlement, that the attorney general obtain approval of the Joint Committee on Finance for civil enforcement negotiations that the Department of Justice decides to file in civil court seeking judicially signed consent decrees. Wisconsin State Legislature v. Kaul, 2025 WI App 2, 414 Wis. 2d 633, 17 N.W.3d 24, 22-0431.
165.08 AnnotationCertain institutional interests of the legislature were sufficient to defeat a hybrid challenge to the provisions of this section authorizing legislative oversight in the settlement of certain cases. Kaul v. Wisconsin State Legislature, 2025 WI App 3, 414 Wis. 2d 686, 17 N.W.3d 281, 22-0790.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1977–2025 · leading case: State v. Zien, 2008 WI App 153 (Wis. Ct. App. 2008).
State v. Zien, 2008 WI App 153 (Wis. Ct. App. 2008). “11 Van Hollen also argues that the attorney general is required to seek the governor's approval to settle cases pursuant to Wis. Stat. § 165.08 , and that this supports the conclusion that the individual records requester does not have a say in the settlement of cases.”
State v. O'connor, 252 N.W.2d 671 (Wis. 1977). “It goes without saying that what a judge could not do herself or himself may not be done by another person who has been admitted to the proceedings.”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “The laws enjoined concern legislative involvement in state-related litigation; the ability of the Joint Committee for Review of Administrative Rules to suspend an administrative rule multiple times; and various provisions regarding a newly defined category of agency…”
Josh Kaul v. Wisconsin State Legislature, 2025 WI 23 (Wis. 2025). “Act 369, § 26, which now provides: Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be…”
Josh Kaul v. Wisconsin State Legislature (Wis. Ct. App. 2024). “§ 165.08 to § 165.08(1). 2017 Wis. Act 369, § 26.”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “On the same date, we issued an order imposing a stay on the temporary injunction issued by the circuit court with respect to all but one provision.”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “On the same date, we issued an order imposing a stay on the temporary injunction issued by the circuit court with respect to all but one provision.”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “On the same date, we issued an order imposing a stay on the temporary injunction issued by the circuit court with respect to all but one provision.”
United States of Am. v. Superior Refining Co. LLC (W.D. Wis. 2019). “In particular, the attorney general seeks a declaration that a new Wisconsin law, Wis. Stat. § 165.08 (1), does not apply to situations in which the state is agreeing to amend a consent decree already in place.”
Wisconsin State Legislature v. Josh Kaul (Wis. Ct. App. 2024). “¶54 The Attorney General’s arguments notwithstanding, even a compromise of a civil enforcement violation that results in a consent decree being filed in circuit or district court along with a complaint is a civil action that has been prosecuted and then compromised.”
— Wis. Stat. § 165.08(1) — 8 cases
Josh Kaul v. Wisconsin State Legislature (Wis. Ct. App. 2024). “§ 165.08 to § 165.08(1). 2017 Wis. Act 369, § 26.”
Josh Kaul v. Wisconsin State Legislature, 2025 WI 23 (Wis. 2025). “Act 369, § 26, which now provides: Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be…”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “The laws enjoined concern legislative involvement in state-related litigation; the ability of the Joint Committee for Review of Administrative Rules to suspend an administrative rule multiple times; and various provisions regarding a newly defined category of agency…”
Wisconsin State Legislature v. Josh Kaul (Wis. Ct. App. 2024). “¶54 The Attorney General’s arguments notwithstanding, even a compromise of a civil enforcement violation that results in a consent decree being filed in circuit or district court along with a complaint is a civil action that has been prosecuted and then compromised.”
Serv. Employees Int'l Union (SEIU), Local 1 v. Robin Vos, 2020 WI 67 (Wis. 2020). “On the same date, we issued an order imposing a stay on the temporary injunction issued by the circuit court with respect to all but one provision.”
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