Section 563.71. Duties of the department of justice.

 

(1)   Investigatory proceeding.

(a) Whenever the attorney general files with a circuit or supplemental court commissioner a statement that the attorney general believes that a violation of this chapter has occurred, the commissioner shall issue a subpoena for any person requested or named by the attorney general. Mileage and witness fees need not be paid in advance, but only verified claims for mileage and fees which are approved by the attorney general shall be paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (d) and shall be the same rates as those paid witnesses in circuit court.

(b) Testimony from persons subpoenaed under par. (a) shall be taken by a stenographic reporter and transcribed and read to or by the witness and subscribed to by the witness, unless the parties represented stipulate upon the record that the reading of the transcript of such testimony to or by the witness and his or her signature thereto are waived and that the transcript may be used with like force and effect as if read and subscribed by the witness. The attendance of the witness for the purpose of reading and subscribing to the transcript may be compelled in the same manner that his or her attendance to be examined may be compelled.

(c) The supplemental court commissioner shall be entitled to the fees under s. 814.68 (1) . All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation under s. 20.455 (1) (d) .

(2)   Violations a public nuisance. A violation of this chapter constitutes a public nuisance under ch. 823 , irrespective of any criminal prosecution which may be or is commenced based on the same acts.

(3)   Application. This section does not apply to subch. VIII .

1973 c. 156 ; Sup. Ct. Order, 67 Wis. 2d 585, 753 (1975); 1977 c. 29 s. 1656 (27) ; 1977 c. 187 s. 135 ; 1977 c. 273 ; 1977 c. 323 s. 16 ; 1977 c. 426 ; 1979 c. 34 ; 1981 c. 317 s. 2202 ; 1991 a. 269 s. 782kd ; Stats. 1991 s. 563.71; 2001 a. 61 .