Wisconsin Statutes
Wis. Stat. § 938.09 (2026)
Representation of the interests of the public
✓ current as of July 2026
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938.09938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:
938.09(2)(2) Civil law violation. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.
938.09(3)(3) Municipal ordinance violation. By the city, village, or town attorney, in any matter concerning a city, village, or town ordinance violation, respectively, under s. 938.125.
938.09(4)(4) County ordinance violation. By an appropriate person designated by the county board of supervisors in any matter concerning a county ordinance violation under s. 938.125.
938.09(5)(5) Juvenile in need of protection or services. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that year.
Notes of Decisions
Cited in 2
cases, 2002–2012 · leading case: State v. Tyler T., 2012 WI 52 (Wis. 2012).
State v. Tyler T., 2012 WI 52 (Wis. 2012). “See Wis. Stat. § 938.09 (1). It follows that the DHHS must necessarily communicate with the juvenile in order to analyze the juvenile's personality and must necessarily communicate with the district attorney in order to analyze whether the facilities, services, and procedures…”
State v. Lindsey A. F., 2002 WI App 223 (Wis. Ct. App. 2002). “§ 938.09(1) states that district attorneys "shall" represent the public interest in delinquency proceedings.”
— Wis. Stat. § 938.09(1) — 1 case
State v. Lindsey A. F., 2002 WI App 223 (Wis. Ct. App. 2002). “§ 938.09(1) states that district attorneys "shall" represent the public interest in delinquency proceedings.”
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