Coordination with UW System, the Attorney General and Department of Justice, and the Governor
The UW System Office of General Counsel serves as corporation counsel to the Board of Regents and provides legal services throughout the UW System. Patricia Brady is General Counsel. Edward Alschuler, Anne Bilder, Christopher Ashley and Thomas Stafford are the other attorneys in that office.
ALS works closely with the UW System office on matters of interest to the entire system.
ALS also works closely with the Wisconsin Attorney General and the Department of Justice. Under Section 165.25, Wis. Stats., the Attorney General and Department of Justice are specifically empowered to appear, prosecute and defend all civil and criminal matters in which the state has an interest or is a party. This provision applies to cases involving UW-Madison, its employees or agents. In addition, there are separate state statutes that provide certain limitations on liability of state officers, employees, and agents and for the defense and payment by the state of any judgments and claims settled, when the individual is acting within the scope of his or her employment (Sections 893.82 and 895.46, Wis. Stats.).
Given this, lawsuits filed in both the county circuit and the federal district court systems are referred to the Department of Justice for representation. An ALS attorney is assigned to each case to provide background, assist in case preparation, and as a consultant for possible trial strategies and settlements. When a university employee is served with a summons and complaint in any jurisdiction involving matters within the course and scope of their employment, the documents must be forwarded to ALS immediately so that attorney general representation may be requested.
In addition, by virtue of Sections 14.11(2) and 20.930, Wis. Stats., only the Governor has the authority to appoint or approve the employment of special counsel or other attorneys not associated with the Department of Justice, the UW System General Counsel's Office, or ALS. In light of this, no attorney may represent or file any action on behalf of UW-Madison or the UW System Board of Regents without first having been appointed to do so by the Governor. Should a situation arise where this may be desirable, ALS will work with the UW System General Counsel, the Attorney General and the Governor to make the determination and effectuate an appointment.