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2019 - 2020 LEGISLATURE
October 18, 2019 - Introduced by Senators Miller, Kooyenga, Erpenbach, Risser
and L. Taylor, cosponsored by Representatives Subeck, Anderson, Brostoff,
Hebl, Hesselbein, Sargent, Sinicki and Vruwink. Referred to Committee on
Government Operations, Technology and Consumer Protection.
SB509,1,3 1An Act to amend 16.003 (2), 978.03 (1m), 978.03 (3), 978.12 (1) (a) 1. a. and
2978.12 (1) (a) 1. b.; and to create 978.03 (1g) of the statutes; relating to:
3allocation and payment of district attorneys.
Analysis by the Legislative Reference Bureau
Under current law, a prosecutorial unit with a population of 750,000 or more
may appoint seven deputy district attorneys, and a prosecutorial unit with a
population of 200,000 to 749,999 may appoint three deputy district attorneys. Under
the bill, a new category is created such that a prosecutorial unit with a population
of 400,000 to 749,999 may appoint five deputy district attorneys and a prosecutorial
unit with a population of 200,000 to 399,999 may appoint three deputy district
attorneys.
Also under current law, a district attorney's salary is determined by the
population of the prosecutorial unit. Under current law, there is a category for a
prosecutorial unit with a population of 250,000 to 750,000, and the next category is
for a prosecutorial unit with a population of more than 750,000. Under the bill, the
population cutoff point between those categories is changed from 750,000 to 400,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB509,1 4Section 1. 16.003 (2) of the statutes is amended to read:
SB509,2,4
116.003 (2) Staff. Except as provided in ss. 16.548, 978.03 (1), (1g), (1m) , and
2(2), 978.04, and 978.05 (8) (b), the secretary shall appoint the staff necessary for
3performing the duties of the department. All staff shall be appointed under the
4classified service except as otherwise provided by law.
SB509,2 5Section 2. 978.03 (1g) of the statutes is created to read:
SB509,2,166 978.03 (1g) The district attorney of any prosecutorial unit having a population
7of 400,000 or more but not more than 749,999 may appoint 5 deputy district
8attorneys and such assistant district attorneys as may be requested by the
9department of administration and authorized in accordance with s. 16.505. The
10district attorney shall rank the deputy district attorneys for purposes of carrying out
11duties under this section. The deputies, according to rank, may perform any duty
12of the district attorney, under the district attorney's direction. In the absence or
13disability of the district attorney, the deputies, according to rank, may perform any
14act required by law to be performed by the district attorney. Any such deputy must
15have practiced law in this state for at least 2 years prior to appointment under this
16section.
SB509,3 17Section 3. 978.03 (1m) of the statutes is amended to read:
SB509,3,318 978.03 (1m) The district attorney of any prosecutorial unit having a population
19of 200,000 or more but less than 750,000 not more than 399,999 may appoint 3 deputy
20district attorneys and such assistant district attorneys as may be requested by the
21department of administration and authorized in accordance with s. 16.505. The
22district attorney shall rank the deputy district attorneys for purposes of carrying out
23duties under this section. The deputies, according to rank, may perform any duty
24of the district attorney, under the district attorney's direction. In the absence or
25disability of the district attorney, the deputies, according to rank, may perform any

1act required by law to be performed by the district attorney. Any such deputy must
2have practiced law in this state for at least 2 years prior to appointment under this
3section.
SB509,4 4Section 4. 978.03 (3) of the statutes is amended to read:
SB509,3,105 978.03 (3) Any assistant district attorney under sub. (1), (1g), (1m), or (2) must
6be an attorney admitted to practice law in this state and, except as provided in s.
7978.043 (1), may perform any duty required by law to be performed by the district
8attorney. The district attorney of the prosecutorial unit under sub. (1), (1g), (1m), or
9(2) may appoint such temporary counsel as may be authorized by the department of
10administration.
SB509,5 11Section 5. 978.12 (1) (a) 1. a. of the statutes is amended to read:
SB509,3,1312 978.12 (1) (a) 1. a. Prosecutorial units having a population of more than
13750,000 400,000.
SB509,6 14Section 6. 978.12 (1) (a) 1. b. of the statutes is amended to read:
SB509,3,1615 978.12 (1) (a) 1. b. Prosecutorial units having a population of more than
16250,000 but not more than 750,000 400,000.
SB509,3,1717 (End)
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