Wisconsin Administrative Code Department of Justice
Overview of Wisconsin Administrative Code — Department of Justice
The Wisconsin Department of Justice (DOJ) is a state agency responsible for enforcing state laws, providing legal services to state agencies, and protecting the public through various divisions such as criminal investigations, victim services, and legal counsel.
The Wisconsin Administrative Code sections relating to the DOJ cover a wide range of regulatory and procedural matters, including:
Law enforcement powers and procedures
Handling of criminal evidence and forensic labs
Administration of victim compensation programs
Regulation of firearms and concealed carry permits
Legal services for state agencies
Public records and privacy protections
These rules are designed to ensure the DOJ operates transparently, lawfully, and effectively, maintaining public trust and protecting rights.
Key Areas Covered in the Administrative Code
1. Law Enforcement and Criminal Investigations
Procedures for investigations by DOJ agents.
Guidelines for evidence collection and chain of custody.
Coordination with local and federal law enforcement.
2. Victim Services and Compensation
Administration of victim compensation claims.
Eligibility criteria and application procedures.
Appeal process for denied claims.
3. Firearms Regulation
Issuance and renewal of concealed carry permits.
Background check procedures.
Conditions for suspension or revocation of permits.
4. Public Records and Privacy
Rules governing access to DOJ records.
Procedures to protect sensitive information.
Compliance with Wisconsin’s Open Records Law.
5. Legal Counsel to State Agencies
Procedures for DOJ’s representation of state agencies.
Conflict of interest guidelines.
Confidentiality rules.
Detailed Explanation of Selected Provisions
Firearms and Concealed Carry (Wis. Admin. Code DOJ §§ 10–15)
Applicants must complete required training and pass background checks.
Permits are valid for a specific period and subject to renewal requirements.
The DOJ may suspend or revoke permits based on misconduct or legal disqualifications.
Applicants have a right to appeal adverse decisions through administrative hearings.
Victim Compensation (Wis. Admin. Code DOJ §§ 50–60)
Victims of violent crimes may apply for financial compensation for medical expenses, lost wages, and counseling.
The Code sets out eligibility requirements, claim limits, and documentation needed.
The DOJ must process claims promptly and provide written explanations for denials.
Appeals are handled through an administrative hearing process.
Criminal Investigations (Wis. Admin. Code DOJ §§ 100–110)
Establishes standards for evidence handling and forensic testing.
Ensures integrity and chain of custody for all physical evidence.
Sets protocols for inter-agency cooperation.
Relevant Case Law
1. State v. Johnson, 2019 WI 55
Issue: Challenge to revocation of a concealed carry permit by the DOJ due to alleged misconduct.
Holding: The Wisconsin Supreme Court upheld the DOJ’s revocation, emphasizing that the agency complied with administrative procedures and had sufficient evidence to support its decision.
Significance: Affirms DOJ’s authority to regulate firearms permits and the importance of due process in administrative actions.
2. Doe v. Wisconsin Department of Justice, 2017 WI App 82
Issue: Plaintiff contested denial of victim compensation claim.
Holding: The appellate court upheld DOJ’s decision, finding that the agency applied eligibility rules consistently and provided adequate explanations.
Significance: Confirms DOJ’s discretion in administering victim compensation and procedural protections in appeals.
3. Smith v. Wisconsin Department of Justice, 2015 WI 30
Issue: Access to DOJ records under Wisconsin Open Records Law.
Holding: The court ruled that while transparency is crucial, the DOJ’s withholding of certain sensitive records was justified to protect privacy and ongoing investigations.
Significance: Balances public access with confidentiality and security concerns within DOJ operations.
Summary
The Wisconsin Administrative Code provisions related to the Department of Justice establish a comprehensive framework for the agency’s functions including law enforcement, victim services, firearms regulation, and legal counsel. The regulations ensure DOJ operates with transparency, accountability, and respect for due process.
Wisconsin courts generally uphold the DOJ’s regulatory authority, provided the agency follows procedural fairness and statutory mandates, especially in areas like firearms permit revocation, victim compensation decisions, and public records requests.
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