Wisconsin § 321.42 Defense of members of guard; payment of judgments.

Wisconsin Statutes

§ 321.42 — Defense of members of guard; payment of judgments.

Wisconsin § 321.42

Ch. 321Department of military affairs

Subch.subch. IV of ch. 321 SUBCHAPTER IV

NATIONAL GUARD AND STATE DEFENSE FORCE

This text of Wisconsin § 321.42 (Defense of members of guard; payment of judgments.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 321.42 (2026).

Text

321.42 321.42(1) (1) 321.42(1)(a) (a) If any member of the national guard or of the state defense force or any resident of this state who is a member of the national guard of another state is prosecuted by any civil or criminal action for any act performed within the scope of his or her employment as a member, the governor, upon request of the adjutant general, shall appoint counsel to defend the member. The adjutant general shall make the request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member. 321.42(1)(b) (b) The costs and expenses of the defense under par.

(a)shall be audited by the department of administration and charged to the appropriation under s. 20.505 (1) (d) . If the jury

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321.42
321.42(1) (1)
321.42(1)(a) (a) If any member of the national guard or of the state defense force or any resident of this state who is a member of the national guard of another state is prosecuted by any civil or criminal action for any act performed within the scope of his or her employment as a member, the governor, upon request of the adjutant general, shall appoint counsel to defend the member. The adjutant general shall make the request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member.
321.42(1)(b) (b) The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.505 (1) (d) . If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.
321.42(2) (2) Any civil action or proceeding brought against a member under sub. (1) (a) is subject to ss. 893.82 and 895.46 .

Legislative History

321.42 History History: 1977 c. 65 ; 1979 c. 34 s. 2102 (37) (a) ; 1979 c. 221 ; 1981 c. 20 s. 2202 (17) (a) ; 1985 a. 332 s. 253 ; 1987 a. 63 s. 13 ; 2003 a. 69 ; 2007 a. 200 s. 43 to 45 ; Stats. 2007 s. 321.42; 2013 a. 20 .