Standing

Wis. Stat. § 950.105 — under RIGHTS OF VICTIMS AND WITNESSES OF CRIME.

Wis. Stat. § 950.105

950.105 Standing. A crime victim has a right to assert, in a court in the county in which the alleged violation occurred, his or her rights as a crime victim under the statutes or under article I, section 9m, of the Wisconsin Constitution. This section does not preclude a district attorney from asserting a victim’s statutory or constitutional crime victim’s rights in a criminal case or in a proceeding or motion brought under this section. History: 2011 a. 283.

950.11 Penalties. A public official, employee or agency that intentionally fails to provide a right specified under s. 950.04 (1v) to a victim of a crime may be subject to a forfeiture of not more than $1,000. History: 1997 a. 181. NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held this section to be unconstitutional as applied to judges. By subjecting a circuit court judge to quasi-judicial proceedings under s. 950.09, issuing a decision that bore the imprimatur of disciplinary authority, and concluding that the judge violated a victim’s statutory and constitutional rights as a matter of law, the crime victims rights board intruded on the supreme court’s exclusive authority to reprimand judges. Therefore this section and s. 950.09 (2) (a), (c), and (d) and (3) cannot constitutionally apply to judges because those sections invade 2 exclusive aspects of judicial authority: the judicial power vested in the unified court system and the disciplinary function vested in the court. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.

May 22, 2026, are designated by NOTES. (Published 5-22-26)