Wisconsin Administrative Code Crime Victims Rights Board
Here’s a detailed overview of the Wisconsin Administrative Code – Crime Victims Rights Board (CVRB), Chapter CVRB 1: Complaint Procedure, plus relevant statutory context:
🏛️ Administrative Code: Chapter CVRB 1 – Complaint Procedure
Based on the official Wisconsin Administrative Code (Ch. CVRB 1), the rules cover:
Purpose (§ CVRB 1.01)
Establishes procedures by which the CVRB reviews formal complaints regarding possible violations of crime victims’ rights (docs.legis.wisconsin.gov, regulations.justia.com, law.cornell.edu, content.govdelivery.com).
Definitions (§ CVRB 1.02)
Clarifies key terms used throughout the chapter .
Delegation of Responsibilities (§ CVRB 1.03)
Assigns the DOJ’s Victim Resource Center (VRC) roles in handling informal complaints and provides forms for formal filings (law.cornell.edu, content.govdelivery.com).
Filing Complaints (§ CVRB 1.04)
Complaints must be signed, verified, and on approved forms obtained post-informal resolution (law.cornell.edu).
Victims must consent to filings, but third-party “involved parties” may file for non-sanction reports .
Complaints must allege misconduct on or after December 1, 1998, and within three years of the complainant’s awareness (law.cornell.edu).
Probable Cause Determination (§ CVRB 1.05)
The Board first reviews the complaint to decide if sufficient evidence exists to proceed (law.cornell.edu).
Investigations (§ CVRB 1.06)
If probable cause is found, the Board may conduct a fact-finding investigation or hearing (content.govdelivery.com).
Hearings (§ CVRB 1.07)
Fact-finding hearings are conducted per formal administrative procedures .
Decisions (§ CVRB 1.08)
Following hearings, the Board deliberates (possibly in closed session).
Within 30 days, legal counsel drafts a proposed decision, which is reviewed, amended, and finalized by Board vote.
Final decisions are issued to parties with notices of rehearing or judicial review rights (law.cornell.edu).
Rehearing & Judicial Review (§ CVRB 1.09–1.10)
Parties may request rehearing or seek review under Ch. 227 of the Wisconsin Statutes (law.cornell.edu).
Miscellaneous (§ CVRB 1.11)
Contains provisions on confidentiality, compliance with open meetings, etc. .
📜 Statutory Authority: Wis. Stat. § 950.09
Boards operate under Wis. Stat. § 950.09, which authorizes review of DOJ complaints after informal VRC processing (law.justia.com).
Powers include issuing private or public reprimands, referring judges to the Judicial Commission, seeking equitable relief, and imposing forfeitures up to $1,000 (law.justia.com).
The Board may issue reports and recommendations; actions aren't subject to AG approval, and judicial review follows administrative procedure (law.justia.com).
Note: Under Gabler v. Crime Victims Rights Board (2017 WI 67), reprimands or forfeitures cannot be imposed on judges—they must be referred to the Judicial Commission (law.justia.com).
ℹ️ How It Works—Practical Summary
Informal Resolution
A victim complains to the DOJ Victim Resource Center (VRC). If unresolved, they may escalate.
Formal Filing
File a signed, verified complaint via official form (available post‑VRC resolution).
Only timely (within 3 years, post‑Dec 1998) and victim‑consented complaints trigger sanctions (others may yield reports).
Board Review
Probable cause → then investigation/hearing.
No probable cause → case dismissed in writing.
Outcome & Remedies
If violation found: reprimand, equitable relief, or forfeiture (max $1,000).
Judges: referred only—not sanctioned directly.
Reports and recommendations possible for non‑sanction cases.
Post‑Decision Options
Parties can request a rehearing or judicial review per statute.
✅ Summary Table
Aspect
Description
Governing Code
Wis. Admin. Code, Ch. CVRB 1
Statutory Basis
Wis. Stat. § 950.09
Scope
Civil enforcement of crime victim rights by public officials
Process
VRC informal → formal complaint → probable cause → investigation/hearing → decision
Remedies
Private/public reprimands, equitable relief, forfeiture (not against judges)
Time Limits
Conduct on/after Dec 1, 1998; complaint filed ≤ 3 years from awareness
Confidentiality
Maintained until probable cause determination; confidential records apply (law.cornell.edu, law.lclark.edu, law.cornell.edu)
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