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

Wis. Stat. § 978.03 (2026)

Deputies and assistants in certain prosecutorial units

✓ current as of July 2026
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978.03978.03 Deputies and assistants in certain prosecutorial units.
978.03(1)(1) The district attorney of any prosecutorial unit having a population of 750,000 or more may appoint 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney’s direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(1m)(1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney’s direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(2)(2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney’s direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
978.03(3)(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.
978.03 HistoryHistory: 1989 a. 31; 1991 a. 39; 1999 a. 9; 2001 a. 16; 2005 a. 25, 434; 2015 a. 55; 2017 a. 207 ss. 4, 5.
Notes of Decisions
Cited in 6 cases, 1993–2015 · leading case: State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85 (Wis. 2015).
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State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85 (Wis. 2015). · cites it 12× “4 This section, which 4 See also Wis. Stat. §§ 978.03 (3), 978.043. 20 No.”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). · cites it 2× “And, as we have also noted, that authority is expressly restricted by the provision that it in no way "limits the authority of counties to regulate the hiring, employment and supervision of county employes." We believe that provision, which appears in the statute authorizing the…”
State ex rel. Hipp v. Murray, 2007 WI App 202 (Wis. Ct. App. 2007). · cites it 2× “See Wis. Stat. § 978.03 (1) & (3). ¶ 16. We grant Hipp's petition for writ of mandamus and direct that on remand he be permitted, as explained in this opinion, to have subpoenas issued for those persons whom he wants to testify at the John Doe hearing.”
Three Unnamed v. Gregory A. Peterson (Wis. 2015). · cites it 6× “4 This section, which 4 See also Wis. Stat. §§ 978.03 (3), 978.043. 20 No.”
Francis D. Schmitz v. Honorable Gregory A. Peterson (Wis. 2015). · cites it 6× “4 This section, which 4 See also Wis. Stat. §§ 978.03 (3), 978.043. 20 No.”
In Re Doe, 2007 WI App 202 (Wis. Ct. App. 2007). “§ 978.03(1) & (3). ¶ 16 We grant Hipp's petition for writ of mandamus and direct that on remand he be permitted, as explained in this opinion, to have subpoenas issued for those persons whom he wants to testify at the John Doe hearing.”
Wis. Stat. § 978.03(1): 1 case
In Re Doe, 2007 WI App 202 (Wis. Ct. App. 2007). “§ 978.03(1) & (3). ¶ 16 We grant Hipp's petition for writ of mandamus and direct that on remand he be permitted, as explained in this opinion, to have subpoenas issued for those persons whom he wants to testify at the John Doe hearing.”
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