Oath of Office

Coinciding with Ethics Standards, public officials in the State of Wisconsin take on the task of promoting public trust through their actions.  Oaths are taken by all members of government but are located separately in government documents.

Local Members of Government

State Public Officials

Wis Stat 19.45 Standards of conduct; state public officials.
(1) The legislature hereby reaffirms that a state public official holds his or her position as a public trust, and any effort to realize substantial personal gain through official conduct is a violation of that trust.

Within Wisconsin legislation, Chapter 19 multiple oaths exist that state officials are required to uphold Constitutions, which in itself includes the “rule of law” and ethics being upheld by members of government and the public they serve.  An official becomes bound to act with integrity, is committed to avoiding corruption, maintain fairness, and serve public interest over personal interest.

Performance of state public officials includes supporting public trust.  In Wisconsin, a state public official is defined by statute to include elected officials (Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, and Legislators), supreme court justices, and appointed officials such as agency secretaries, division administrators, and members of various boards and commissions.

Justices
Judges are constitutionally and ethically bound to uphold public trust, though public perception of how well they do so can vary.  The framework for this trust includes specific legal doctrines, codes of conduct, and oath requirements that apply to Supreme Court Justices, Court of Appeals Judges, Circuit Judges, and members of the Judicial Commission.  All judges serving in Wisconsin must uphold Code of Judicial Conduct (SCR) supplied by the Federal and State Supreme Courts.

Law Enforcers
Wisconsin law defines the badge as a “symbol of public faith” and mandates that officers serve with honesty and respect for constitutional rights.  Wisconsin law enforcers are bound to mandatory ethical codes while having documented challenges with accountability and transparency, therefore the concept of officers upholding public trust is a subject of ongoing debate.

Violating the oath of office is generally considered a breach of public trust and can be a crime, particularly if it involves illegal acts.  While not every breach of duty is a prosecuted crime, acts violating the oath can lead to removal or imprisonment.  Consequences range from impeachment for federal officials to felony charges at the state level.  

Wis Leg Chapter 19  –  General Duties of Public Officials

Subchapter I  –  Official Oaths & Bonds
19.01 Oaths and bonds. 
19.015 Actions by the state, municipality or district. 
19.02 Actions by individuals. 
19.07 Bonds of public officers and employees. 
19.10 Oaths. 
19.11 Official bonds

Subchapter III  –  Code of Ethics for Public Officials and Employees
19.41 Declaration of policy.
19.45 Standards of conduct; state public officials. 
19.46 Conflict of interest prohibited; exception. 
19.47 Operation. 
19.48 Duties of the ethics commission. 
19.49 Administration; enforcement. 
19.58 Criminal penalties. 
19.59 Codes of ethics for local government officials, employees and candidates. 

Subchapter V  –  Open Meetings of Governmental Bodies
19.83 Meetings of governmental bodies. 
19.84 Public notice. 
19.87 Legislative meetings. 
19.97 Enforcement.

Federal members of government take an oath of office.

5 U.S. Code § 3331 – Oath of office

Wis Stat § 19.01  Oaths and bonds.
Actions of on duty officers follow the preexisting protocols defining how an officer must act in circumstances created by evidence that became available to them while on duty.  Compare officer actions to protocols for determining if actions were sufficient or gave evidence to submit a complaint to superiors.  Officers are required to remain within bounds of laws and ethics while performing as a law enforcer.