Wisconsin Statutes
Wis. Stat. § 19.33 (2026)
Legal custodians
✓ current as of July 2026
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19.33(1)(1) An elective official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
19.33(2)(2) The chairperson of a committee of elective officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
19.33(3)(3) The cochairpersons of a joint committee of elective officials, or the designee of the cochairpersons, are the legal custodians of the records of the joint committee.
19.33(4)(4) Every authority not specified in subs. (1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter. In the absence of a designation the authority’s highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority. The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter. Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employees of the authority entrusted with records subject to the legal custodian’s supervision.
19.33(5)(5) Notwithstanding sub. (4), if an authority specified in sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
19.33(6)(6) The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in s. 19.35 (4). This subsection does not apply to members of the legislature or to members of any local governmental body.
19.33(7)(7) The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
19.33(8)(8) No elective official of a legislative body has a duty to act as or designate a legal custodian under sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee’s records by rule or by law.
Notes of Decisions
Cited in 12
cases (5 in the last 5 years), 1991–2025 · leading case: Schill v. Wisconsin Rapids Sch. Dist., 2010 WI 86 (Wis. 2010).
Schill v. Wisconsin Rapids Sch. Dist., 2010 WI 86 (Wis. 2010). “32 (2) defining "record" for purposes of the Public Records Law, Wis. Stat. §§ 19.33 to 19.39. ¶ 51 To determine whether particular materials are or are not records, Wis.”
Nichols v. Bennett, 544 N.W.2d 428 (Wis. 1996). “Wis. Stat. § 19.33 . The declared public policy of this state is that the public is entitled to the greatest possible information concerning the official acts of its elected officials and government.”
Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022). “The legal custodians of various records are defined in 13 Wis. Stat. § 19.33 . 14 See, e.g., Wis. Stat.”
State v. Beaver Dam Area Dev. Corp., 2008 WI 90 (Wis. 2008). “32 (1) that must comply with the state's public records laws, Wis. Stat. §§ 19.33 to 19.39. ¶ 104. Recognizing the importance and sensitivity of economic development in the state, the majority attempts to ameliorate its far-reaching decision by affirming its devotion to economic…”
Local 2489, Afscme, Afl-cio v. Rock Cnty., 2004 WI App 210 (Wis. Ct. App. 2004). “36(10) sheds some light on the meaning of these terms, however, in that it allows the release of records excepted from public disclosure by the subsection to "an employee" or to a "recognized or certified collective bargaining representative to the extent required to fulfill a…”
Zellner v. Cedarburg Sch. Dist., 2007 WI 53 (Wis. 2007). “35 states in relevant part: The exemptions to the requirement of a governmental body to meet in open session under § 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under § 19.”
WIREdata, Inc. v. Vill. of Sussex, 2007 WI App 22 (Wis. Ct. App. 2007). “Wis. Stat. § 19.33 (1). "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.”
Coalition for a Clean Gov't v. Larsen, 479 N.W.2d 576 (Wis. Ct. App. 1991). “Section 19.33(4), Stats. The Coalition contends that Larsen was required to state specific public policy reasons for denying Foerster access to the traffic citations.”
Midwest Env't Advocates, Inc. v. Frederick Prehn (Wis. Ct. App. 2025). “33(4) reads, in relevant part: “Every authority not specified in [§ 19.33](1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties…”
Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022). “The legal custodians of various records are defined in 13 Wis. Stat. § 19.33 . 14 See, e.g., Wis. Stat.”
Kuether v. Posley (E.D. Wis. 2024). “Wis. Stat. § 19.33 (1). The amended complaint alleges that Kuether made an open records request of the Board, not of each Board member defendant individually.”
Am. Oversight v. Robin Vos (Wis. Ct. App. 2024). “§ 19.33(7). 6 No. 2022AP1532 delegated the search for contractors’ records to an employee who did nothing more than send one vague email to one contractor.”
— Wis. Stat. § 19.33(1) — 1 case
Midwest Env't Advocates, Inc. v. Frederick Prehn (Wis. Ct. App. 2025). “33(4) reads, in relevant part: “Every authority not specified in [§ 19.33](1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties…”
— Wis. Stat. § 19.33(4) — 2 cases
Coalition for a Clean Gov't v. Larsen, 479 N.W.2d 576 (Wis. Ct. App. 1991). “Section 19.33(4), Stats. The Coalition contends that Larsen was required to state specific public policy reasons for denying Foerster access to the traffic citations.”
Midwest Env't Advocates, Inc. v. Frederick Prehn (Wis. Ct. App. 2025). “33(4) reads, in relevant part: “Every authority not specified in [§ 19.33](1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties…”
— Wis. Stat. § 19.33(5) — 1 case
Midwest Env't Advocates, Inc. v. Frederick Prehn (Wis. Ct. App. 2025). “33(4) reads, in relevant part: “Every authority not specified in [§ 19.33](1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties…”
— Wis. Stat. § 19.33(7) — 1 case
Am. Oversight v. Robin Vos (Wis. Ct. App. 2024). “§ 19.33(7). 6 No. 2022AP1532 delegated the search for contractors’ records to an employee who did nothing more than send one vague email to one contractor.”
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