How City Legal Processes Work

What does the City Attorney Do?

5.1a Who the City Attorney Represents
5.1b What the City Attorney Cannot Do for You
5.1c How to Find Legal Help If You Need It (routing to legal aid, State Bar referral service)

•    What the City Attorney's Office Does
•    What the City Attorney's Office Does Not Do

The Office of the City Attorney:
•    Provides legal counsel to City departments and officials acting in their official capacities
•    Represents the City in court
•    Prosecutes violations of City ordinances in Municipal Court
•    Reviews ordinances and contracts for legal sufficiency
The Office does not:
•    Provide legal advice to private individuals
•    Represent private parties in disputes
•    Prosecute criminal cases (handled by the District Attorney)
 

5.2 How Ordinances Are Made & Enforced

How Legal Review Works

o    5.2a From Proposal to Law — The Legislative Process
o    5.2b Legal Review of Proposed Ordinances
o    5.2c What "Legally Enforceable" Means

How an Ordinance Becomes Law
City ordinances are local laws adopted by the Common Council.
The process generally includes:
•    Introduction of a proposed ordinance
•    Committee review and possible amendment
•    Common Council vote
•    Mayoral approval or veto
•    Publication and effective date
The City Attorney’s Office reviews proposed ordinances to ensure they are legally sufficient and enforceable before adoption.
What Does “Legally Sufficient” Mean?
When reviewing legislation, the Office evaluates whether:
•    The City has authority under state law
•    The ordinance is clear and enforceable
•    The ordinance complies with constitutional requirements
•    The language avoids unintended legal risk
Legal review does not determine policy — it ensures the proposal is lawful.
 

How City Litigation Works

o    5.3a How Cases Are Filed
o    5.3b What Happens During Litigation
o    5.3c Settlements — How & When the City Settles
o    5.3d Why the City Cannot Comment on Active Cases
 

What Happens When the City Is Sued?
When a lawsuit is filed against the City:
•    The complaint is reviewed by the City Attorney’s Office
•    The City files a response in court
•    The case proceeds through motions, discovery, and potentially trial
•    In some cases, settlement discussions occur
All settlements are reviewed and approved by the Common Council in accordance with City procedures.
The Office may retain outside counsel if a conflict of interest exists or if specialized expertise is required.
What Is a Settlement?
A settlement is a negotiated resolution of a legal dispute. Settlements may occur when:
•    Continued litigation would increase costs
•    Legal risk is significant
•    Resolution serves the City’s interests
Settlements are public record once approved, subject to applicable law.
 

Why Can’t the Office Comment on Certain Matters?
As attorneys, members of the Office are bound by:
•    Attorney-client privilege
•    Professional ethics rules
•    Pending litigation constraints
•    Privacy and confidentiality laws
These legal requirements sometimes limit what can be shared publicly, even when a matter is of public interest.
 

Ordinance Enforcement

Municipal Prosecution
What Is Municipal Prosecution?
The City Attorney’s Office prosecutes violations of City ordinances in Milwaukee Municipal Court. These may include:
•    Property code violations
•    Certain nuisance matters
•    Local traffic and ordinance citations
Municipal prosecution is distinct from criminal prosecution, which is handled by the District Attorney’s Office.
Ordinance Enforcement & Neighborhood Stabilization
How Does the City Address Unsafe Properties?
The City may use legal tools to address properties that threaten public health or safety. These tools may include:
•    Citations
•    Court enforcement actions
•    Injunctions
•    Receivership in limited circumstances
These actions are taken in coordination with City departments such as the Department of Neighborhood Services.