Wis. Stat. » CHAPTER 978 — DISTRICT ATTORNEYS
Wisconsin Statutes

Wis. Stat. § 978.02 (2026)

Eligibility for office

✓ current as of July 2026
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978.02978.02 Eligibility for office. No person is eligible to hold the office of district attorney unless he or she is licensed to practice law in this state and resides in the prosecutorial unit from which he or she was elected.
978.02 HistoryHistory: 1989 a. 31.
978.02 AnnotationAn entity characterized as the “office of the district attorney” or “district attorney,” separate from the elected official, does not have authority to sue or be sued. Buchanan v. City of Kenosha, 57 F. Supp. 2d 675 (1999).
Notes of Decisions
Cited in 4 cases, 1999–2016 · leading case: State v. Melisa Valadez, 2016 WI 4 (Wis. 2016).
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State v. Melisa Valadez, 2016 WI 4 (Wis. 2016). · cites it 2× “§ 978.02 does not require a defendant to show that he or she actually has been excluded from admission or that the federal government has manifested its intent to exclude the defendant from admission other than through the federal law providing for exclusion from admission.”
Buchanan v. City of Kenosha, 57 F. Supp. 2d 675 (E.D. Wis. 1999). · cites it 2× “” Wis. Stat. § 978.02 refers to the “office of the district attorney” and specifies who is eligible to hold such office.”
State v. Melisa Valadez (Wis. 2016). “§ 978.02 does not require a defendant to show that he or she actually has been excluded from admission or that the federal government has manifested its intent to exclude the defendant from admission other than through the federal law providing for exclusion from admission.”
State v. Melisa Valadez (Wis. 2016). “§ 978.02 does not require a defendant to show that he or she actually has been excluded from admission or that the federal government has manifested its intent to exclude the defendant from admission other than through the federal law providing for exclusion from admission.”
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