When asked, the Attorney General must provide state government officials with an opinion on legal questions. The Attorney General may also give formal legal opinions to District Attorneys and county corporation counsel. Wis. Stat. §§ 59.42(1)(c),165.25(3).
The Attorney General shall "[g]ive his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government." Wis. Stat. § 165.015.
Please see
77 Op. Att’y Gen. Preface (1988) for an explanation of the criteria for requesting a formal opinion.
Opinions of the Attorney General (OAG) typically provide guidance when confusion exists about the meaning of a statute and Wisconsin appellate courts have not yet definitively answered the question. Wisconsin courts do not have any obligation to follow an interpretation provided by an OAG, but they often do. As the Wisconsin Court of Appeals has written, "Well-reasoned attorney general's opinions have persuasive value when a court later addresses the meaning of the same statute."
Throughout the years, the Attorney General has answered a wide range of questions. Sometimes an inquiry concerns the constitutionality of proposed legislation. Other times, the question might concern the scope of a government agency's authority. Whatever the issue, when the Attorney General issues an opinion, the Attorney General has an obligation to offer analysis without regard to any political or partisan favor or consequences that might follow.
Attorney General Opinions Archive
Access an extensive collection of Attorney General opinions issued by the Wisconsin Department of Justice. This archive provides authoritative legal interpretations on a wide range of topics, serving as a valuable resource for government officials, legal professionals, and the public to gain insights into Wisconsin law and its applications.
Access the Attorney General Opinions Archive
Comment on Attorney General Opinion Requests
To increase transparency and opportunity for public input, the Wisconsin Department of Justice allows for comment on pending Attorney General opinion requests. All Wisconsinites have the opportunity to provide feedback in a uniform, transparent, and impartial manner.
If there is an Attorney General opinion request the Attorney General’s office is considering, it will be listed below with a corresponding “Comment” link to provide expertise, legal analysis, or to comment on that topic.
Submissions, including attachments, are generally subject to disclosure pursuant to the public records law.
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