Wisconsin Administrative Code Crime Victims Rights Board
1. Purpose of the Crime Victims Rights Board (CVRB)
The CVRB is a state administrative agency in Wisconsin that exists to:
Enforce the rights of crime victims under Wisconsin law and the state constitution.
Investigate complaints alleging violations of victims’ rights by public officials, law enforcement, prosecutors, or state agencies.
Issue decisions, sanctions, or recommendations to remedy violations.
It does not prosecute crimes but ensures victims are treated according to statutory and constitutional rights, such as notice of proceedings, participation in hearings, and protection from intimidation.
2. Statutory Authority
The CVRB is established under Wisconsin Statutes § 950.09, which gives it powers to:
Review complaints about violations of victims’ rights after a Department of Justice complaint process.
Determine probable cause that a rights violation occurred.
Issue reprimands or referrals for violations.
Seek equitable relief to enforce victims’ rights.
File civil actions for forfeitures in cases of intentional violations.
Make reports and recommendations on victims’ rights enforcement.
The Board is grounded in state law and constitutional provisions, particularly those ensuring victims are treated with fairness, dignity, and respect in criminal proceedings.
3. Wisconsin Administrative Code (CVRB 1)
The Administrative Code establishes how the Board operates:
Definitions: Key terms such as “Board,” “Complainant,” “Complaint,” “Respondent,” and “Probable Cause.”
Procedures: How complaints are filed, investigated, and decided.
Hearings: Rules for evidence, testimony, and due process for both complainant and respondent.
Decisions: How final decisions are written, communicated, and appealed.
4. Complaint Process
Filing a Complaint: A victim must first use the Department of Justice victim services complaint process. Only after that can the CVRB review the complaint.
Probable Cause Review: The Board reviews the complaint and responses from the respondent. If probable cause exists, the case proceeds to investigation or hearing.
Investigation: The Board collects documents, interviews parties, and can issue protective orders for sensitive information.
Hearing: If requested, the Board holds hearings where evidence is presented, witnesses may testify, and both sides can respond.
Decision: The Board issues a written decision, which includes findings of fact, conclusions of law, and remedies or sanctions.
5. Remedies and Sanctions
The Board can:
Issue reprimands (public or private) to officials who violate victims’ rights.
Refer judges or other officials to appropriate oversight bodies.
Provide equitable relief to protect victims’ rights.
Seek civil forfeitures in cases of intentional violations.
6. Judicial Review
Decisions by the Board can be reviewed in Wisconsin courts under the Administrative Procedure Act. This ensures:
Board actions are consistent with law.
Individuals or agencies have the right to challenge decisions in court.
7. Key Case Law: Gabler v. Crime Victims Rights Board (2017 WI 67)
The Wisconsin Supreme Court clarified limits of the Board’s authority:
The Board cannot enforce reprimands or certain remedies against judges, because this would violate the separation of powers under the state constitution.
The Court emphasized that constitutional rights of victims are policy goals, but enforcement must respect judicial independence.
This case illustrates that while the Board can enforce rights against most public officials, its powers are limited when it comes to the judiciary.
8. Common Types of Violations Handled by the Board
The CVRB often reviews complaints such as:
Victims not receiving notice of hearings or criminal proceedings.
Victims denied the opportunity to confer with prosecutors before plea deals or sentencing.
Law enforcement failing to provide required written victims’ rights information.
9. Summary Flow of a CVRB Complaint
Victim submits complaint to the Department of Justice.
Department completes initial review.
Victim requests CVRB review.
CVRB determines probable cause.
If probable cause exists, the Board investigates and may hold a hearing.
Board issues a decision with findings, remedies, or sanctions.
Judicial review is available if a party disputes the Board’s decision.
✅ Key Takeaways
The CVRB enforces victims’ rights in Wisconsin but is not a prosecutorial body.
It follows strict Administrative Code procedures for fairness.
Remedies include reprimands, equitable relief, and referrals.
Judicial review exists to ensure legal compliance.
The Gabler case limits CVRB enforcement against judges.
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