Wisconsin Statutes
Wis. Stat. § 895.35 (2026)
Expenses in actions against municipal and other officers
✓ current as of July 2026
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895.35(1)(1) Whenever in any city, town, village, school district, technical college district or county charges of any kind are filed or an action is brought against any officer thereof in the officer’s official capacity, or to subject any such officer, whether or not the officer is being compensated on a salary basis, to a personal liability growing out of the performance of official duties, and such charges or such action is discontinued or dismissed or such matter is determined favorably to such officer, or such officer is reinstated, or in case such officer, without fault on the officer’s part, is subjected to a personal liability as aforesaid, such city, town, village, school district, technical college district or county may pay all reasonable expenses which such officer necessarily expended by reason thereof. Such expenses may likewise be paid, even though decided adversely to such officer, where it appears from the certificate of the trial judge that the action involved the constitutionality of a statute, not theretofore construed, relating to the performance of the official duties of said officer.
895.35(2)(a)2.2. “Protective services officer” means an emergency medical services practitioner, as defined in s. 256.01 (5), an emergency medical responder, as defined in s. 256.01 (4p), a fire fighter, or a law enforcement or correctional officer.
895.35(2)(b)1.1. Notwithstanding sub. (1), the city, town, village, school district, technical college district, or county shall reimburse a protective services officer for reasonable attorney fees incurred by the officer in connection with a criminal proceeding arising from the officer’s conduct in the performance of official duties unless, in relation to that conduct, any of the following applies:
895.35(2)(b)1.c.c. The officer resigns for reasons other than retirement before the attorney fees are incurred.
895.35(2)(b)2.2. If a collective bargaining agreement covering the protective services officer defines reasonable attorney fees for the purpose of subd. 1., that definition shall apply.
895.35 AnnotationA county has the option to refuse payment of its sheriff’s criminal defense attorney’s fees. Bablitch & Bablitch v. Lincoln County, 82 Wis. 2d 574, 263 N.W.2d 218 (1978).
895.35 AnnotationThis section allows a municipality or county to pay an officer’s attorney fees if it so elects. If the municipality refuses payment, the officer has no cause of action against the municipality under this section, even if the municipality had a practice of reimbursing attorney fees and costs incurred and it failed to pay because of political concerns. Murray v. City of Milwaukee, 2002 WI App 62, 252 Wis. 2d 613, 642 N.W.2d 541, 01-0106.
895.35 AnnotationA city may reimburse a commissioner of the city redevelopment authority for legal expenses incurred by the commissioner when charges are filed against the commissioner in the commissioner’s official capacity seeking the commissioner’s removal from office for cause and the charges are found by the common council to be unsupported. Such reimbursement is discretionary. The city redevelopment authority lacks statutory authority to authorize reimbursement for such legal expenses. 63 Atty. Gen. 421.
895.35 AnnotationA city council can, in limited circumstances, reimburse a council member for reasonable attorney fees incurred in defending an alleged violation of the open meeting law, but cannot reimburse the member for any forfeiture imposed. 66 Atty. Gen. 226.
895.35 AnnotationThis section applies to criminal charges brought against a former officer for alleged fraudulent filing of expense vouchers. 71 Atty. Gen. 4.
895.35 AnnotationThis section and s. 895.46 apply to actions for open meetings law violations to the same extent that they apply to other actions against public officers and employees, except that public officials cannot be reimbursed for forfeitures they are ordered to pay for violating open meetings law. 77 Atty. Gen. 177.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1978–2023 · leading case: Murray v. City of Milwaukee, 2002 WI App 62 (Wis. Ct. App. 2002).
Murray v. City of Milwaukee, 2002 WI App 62 (Wis. Ct. App. 2002). “We conclude the complaint does not state a claim for relief under Wis. Stat. § 895.35 (1999-2000) 1 because that statute does not provide a cause of action for the payment of attorney fees.”
Bablitch & Bablitch v. Lincoln Cnty., 263 N.W.2d 218 (Wis. 1978). “, 1973, is limited to attorney’s fees for public officers other than sheriffs and deputy sheriffs serving at the will of the sheriff arising from civil damages actions, sec. 895.35, Stats., provides for the payment of all reasonable expenses of defending against “charges of any…”
Allen Gahl v. Aurora Health Care, Inc., 2023 WI 35 (Wis. 2023). “rgb The City contends that we should not address Murray's contention that the City erroneously exercised its discretion under Wis. Stat. § 895.35 because that was not alleged in the complaint, and Murray did not make that argument until his brief in opposition to the City's…”
Nyenhuis v. Metro. Dist. Comm'n, 22 A.3d 1181 (Conn. 2011). “258, § 9A (LexisNexis 2004) (in qualified civil action, “[t]he commonwealth shall indemnify members of the state police or an employee of bargaining unit five, respectively, from all personal financial loss and expenses, including but not limited to legal fees and costs”), and…”
Thuermer v. Vill. of Mishicot, 272 N.W.2d 409 (Wis. Ct. App. 1978). “Rather the circuit court held that it was within the discretion of the village to pay under sec. 895.35, Stats. 4 Thuermer is appealing this order quashing the writ of mandamus.”
Rychnovsky v. Vill. of Fall River, 431 N.W.2d 681 (Wis. Ct. App. 1988). “We are not persuaded that the legislature intended to protect officers with collective bargaining agreements which do not contain fair review procedures, but not to protect officers with individual contracts which do not *424 contain such procedures.”
City of Sweetwater v. Alvarez, 14 So. 3d 1210 (Fla. 3d DCA 2009). “Gov’t Code § 995 (2008); Conn. Gen.Stat. Ann. § 53-39a (West 2008); Haw.”
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