Wisconsin Statutes

Wis. Stat. § 59.21 (2026)

Official oaths and bonds

✓ current as of July 2026

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59.2159.21 Official oaths and bonds.

59.21(1)(1) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond and take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which the officer is elected or appointed, or the board may provide a schedule or blanket bond that includes any or all of these officials, except county supervisors, and a blanket bond may also include members of a county veterans service commission under s. 45.81 (1) and a county veterans service officer under s. 45.81 (2). Every county supervisor shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which he or she is elected or appointed. Every deputy appointed by any such officer shall take and file the official oath and if the deputy neglects to do so, he or she shall forfeit $100. If the board does not provide a schedule or blanket bond, the official bonds shall be in sums and with sureties, as follows:

59.21(1)(a)(a) Clerk, not less than $2,000.

59.21(1)(b)(b) Treasurer, if the bond is furnished by individual sureties, not less than the amount nor exceeding twice the amount of all taxes directed by the board to be levied therein and to be received by the treasurer during the ensuing year, with 3 or more sureties; or, if the bond is furnished by a surety company in an amount not less than 10 percent of all taxes directed by the board to be levied therein, and to be received by the treasurer during the ensuing year, or $500,000, whichever is smaller.

59.21(1)(c)(c) Sheriff, not less than $5,000 nor more than $25,000, with not less than 3 sureties.

59.21(1)(d)(d) Coroner, not less than $500 nor more than $10,000, with not less than 2 sureties.

59.21(1)(e)(e) Clerk of the circuit court, not less than $5,000, with 2 or more sureties.

59.21(1)(g)(g) Register of deeds, in counties containing less than 150,000 population, $3,000, with 2 or more sureties. In counties containing 150,000 or more population, not less than $3,000, with 2 or more sureties, conditioned for the accuracy of the register’s work and the faithful, correct and impartial performance of the register’s duties, and in addition thereto a bond of not less than $10,000, with 2 or more sureties, conditioned for the faithful accounting for and paying over to the treasurer all moneys which may come into the register’s hands as register of deeds, or into the hands of the register’s deputy or assistants.

59.21(1)(h)(h) Surveyor, $5,000.

59.21(1)(i)(i) County abstractor, $5,000, with 2 or more sureties.

59.21(1)(j)(j) Comptroller, not less than $5,000 nor more than $20,000 with not less than 3 sureties.

59.21(2)(2) Each official bond described in sub. (1) shall be in a sum fixed by law; or if not fixed by law, in a sum fixed by resolution of the board, within the limitations prescribed by law, if any, at the annual meeting in November prior to the commencement of the term of office of the particular officer. Both the bond and the sufficiency of the sureties thereto shall be approved by a committee consisting of the chairperson and not less than 2 other members of the board who shall report in writing their action on all bonds.

59.21(3)(3) Each bond described in sub. (1) shall be guaranteed by the number of personal sureties prescribed by law, or if not prescribed, by the number fixed by the board within the limitations, if any, prescribed by law, or by a surety company as provided by s. 632.17 (2). In the case of the clerk, treasurer and county abstractor the board may by resolution require them to furnish bonds guaranteed by surety companies and direct that the premiums be paid as provided in s. 19.01 (8).

59.21(4)(4) If it considers the bond of any officer insufficient, the board may by resolution require the officer to furnish additional bond in a sum to be named in the resolution, not exceeding $10,000 for the register of deeds of any county with a population of less than 150,000, and not exceeding the maximum sum, if any, fixed by law for additional bonds for other officers.

59.21 HistoryHistory: 1975 c. 152, 199; 1975 c. 375 s. 44; 1983 a. 192 s. 303 (1); 1989 a. 31; 1991 a. 316; 1995 a. 201 s. 250; Stats. 1995 s. 59.21; 1995 a. 225 ss. 137 to 144; 1997 a. 35; 2003 a. 204; 2011 a. 62, 96.

59.21 Cross-referenceCross-reference: See s. 59.38 (3) for provision for a bond by the medical examiner.

Notes of Decisions

Cited in 19 cases, 1972–2018 · leading case: Milas v. Labor Ass'n of Wisconsin, Inc., 571 N.W.2d 656 (Wis. 1997).

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Milas v. Labor Ass'n of Wisconsin, Inc., 571 N.W.2d 656 (Wis. 1997). · cites it 31× “ircuit court concluded that arbitration under the collective bargaining agreement subsequent to a disciplinary decision of the Ozaukee County Law Enforcement Committee was void because the deputy sheriffs sole and exclusive remedy following an adverse decision of the Law…”

Hussey v. Outagamie Cnty., 548 N.W.2d 848 (Wis. Ct. App. 1996). · cites it 20× “Our decision that the County was not required to follow the procedures in § 59.21, STATS., to discharge Hussey disposes of the appeal.”

Heitkemper v. Wirsing, 533 N.W.2d 770 (Wis. 1995). · cites it 15× “Unlike those statutes, the sheriffs power to dismiss deputies in sec. 59.21, Stats., is limited by sec. 59.”

Eau Claire Cnty. v. Gen. Teamsters Union Local No. 662, 2000 WI 57 (Wis. 2000). · cites it 11× “6 In Heitkemper , the court concluded that a sheriff s powers pertaining to the re-appointment of deputy sheriffs established by Wis. Stat. § 59.21 (1) and (4) (1991-92) could be limited by a collective bargaining agreement between the county and the labor union.”

Kocken v. Wisconsin Council 40, 2007 WI 72 (Wis. 2007). · cites it 4× “As we explained in Brown County Sheriff's Department, "[t]he sheriff argues that he should not be bound to the `agreement to arbitrate' because he is not a party to the collective bargaining agreement.”

Brown Cty. Sheriff's Dept. v. Employees Ass'n, 533 N.W.2d 766 (Wis. 1995). · cites it 14× “Accordingly, the arbitrator's award requiring the reinstatement of Stewart to his position as deputy does not conflict with Donart's constitutional or statutory powers under § 59.21(1) and (4), Stats. [2] Similar to the analysis applied in Heitkemper , the issue we consider is…”

Eau Claire Cnty. v. Gen. Teamsters Union Local No. 662, 599 N.W.2d 423 (Wis. Ct. App. 1999). · cites it 6× “, and the statutory just cause hearing was held before the Committee on Personnel, acting as the civil service commission, on October 30, 1996.”

Jeffrey L. Heideman v. Wayne Wirsing & Price Cnty., Wisconsin, 7 F.3d 659 (7th Cir. 1993). · cites it 2× “, Wis.Stat. 59.21(8)(b)(1); see also Ind.Code 36-8-10-11.”

Brown Cnty. Sheriff's Dep't v. Brown Cnty. Sheriff's Dep't Non-Supervisory Employees Ass'n, 533 N.W.2d 766 (Wis. 1995). · cites it 18× “Pursuant to § 59.21(1), Stats., 2 he swore in the deputies for his two-year term of office.”

Cross v. Soderbeck, 288 N.W.2d 779 (Wis. 1980). ““Having lost his civil-service status,” said the court, “petitioner cannot rely upon sec. 59.21(1), Stats., to restore him to his former position.”

Abraham v. Piechowski, 13 F. Supp. 2d 870 (E.D. Wis. 1998). “Wisconsin Statute § 59.21 requires sheriffs, like the county clerk, treasurer, and register of deeds, to post an official bond and take an oath.”

State Ex Rel. Klingler & Schilling v. Baird, 202 N.W.2d 81 (Wis. 1972). · cites it 2× “Neither party shall tax costs on this appeal. 1 Effective January 2,1961, Sec. VI, provides: “.”

Show all 19 citing cases →

— Wis. Stat. § 59.21(1) — 4 cases

Heitkemper v. Wirsing, 533 N.W.2d 770 (Wis. 1995). “Unlike those statutes, the sheriffs power to dismiss deputies in sec. 59.21, Stats., is limited by sec. 59.”

Brown Cnty. Sheriff's Dep't v. Brown Cnty. Sheriff's Dep't Non-Supervisory Employees Ass'n, 533 N.W.2d 766 (Wis. 1995). “Pursuant to § 59.21(1), Stats., 2 he swore in the deputies for his two-year term of office.”

Brown Cty. Sheriff's Dept. v. Employees Ass'n, 533 N.W.2d 766 (Wis. 1995). “Accordingly, the arbitrator's award requiring the reinstatement of Stewart to his position as deputy does not conflict with Donart's constitutional or statutory powers under § 59.21(1) and (4), Stats. [2] Similar to the analysis applied in Heitkemper , the issue we consider is…”

— Wis. Stat. § 59.21(6) — 2 cases

— Wis. Stat. § 59.21(8) — 3 cases

Flynn v. Kornwolf, 83 F.3d 924 (7th Cir. 1996).

— Wis. Stat. § 59.21(8)(a) — 2 cases

Heitkemper v. Wirsing, 533 N.W.2d 770 (Wis. 1995). “Unlike those statutes, the sheriffs power to dismiss deputies in sec. 59.21, Stats., is limited by sec. 59.”

Wisconsin Prof'l Police Ass'n v. Waukesha Cnty., 381 N.W.2d 598 (Wis. Ct. App. 1985).

— Wis. Stat. § 59.21(8)(b) — 6 cases

Hussey v. Outagamie Cnty., 548 N.W.2d 848 (Wis. Ct. App. 1996). “Our decision that the County was not required to follow the procedures in § 59.21, STATS., to discharge Hussey disposes of the appeal.”

Kocken v. Wisconsin Council 40, 2007 WI 72 (Wis. 2007). “As we explained in Brown County Sheriff's Department, "[t]he sheriff argues that he should not be bound to the `agreement to arbitrate' because he is not a party to the collective bargaining agreement.”

Heitkemper v. Wirsing, 533 N.W.2d 770 (Wis. 1995). “Unlike those statutes, the sheriffs power to dismiss deputies in sec. 59.21, Stats., is limited by sec. 59.”

Milas v. Labor Ass'n of Wisconsin, Inc., 571 N.W.2d 656 (Wis. 1997). “ircuit court concluded that arbitration under the collective bargaining agreement subsequent to a disciplinary decision of the Ozaukee County Law Enforcement Committee was void because the deputy sheriffs sole and exclusive remedy following an adverse decision of the Law…”

— Wis. Stat. § 59.21(8)(b)(1) — 2 cases

Jeffrey L. Heideman v. Wayne Wirsing & Price Cnty., Wisconsin, 7 F.3d 659 (7th Cir. 1993). “, Wis.Stat. 59.21(8)(b)(1); see also Ind.Code 36-8-10-11.”

Derrell E. Upton v. Bernie C. Thompson, Individually & in His Capacity as Sheriff of Kankakee Cnty., Jack L. Thulen v. Marvin Bausman, Individually & in His Off. Capacity as Sheriff of Carroll Cnty., Illinois, 930 F.2d 1209 (7th Cir. 1991).

— Wis. Stat. § 59.21(8)(b)(l) — 2 cases

Jeffrey L. Heideman v. Wayne Wirsing & Price Cnty., Wisconsin, 7 F.3d 659 (7th Cir. 1993). “, Wis.Stat. 59.21(8)(b)(1); see also Ind.Code 36-8-10-11.”

Upton v. Thompson, 930 F.2d 1209 (7th Cir. 1991).

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