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Office of Crime Victim ServicesCrime Victims' Rights Board Frequently Asked Questions♦ What does the CVRB do? The Crime Victims' Rights Board (CVRB) was created by Wis. Stat. 950.09 to hear complaints from victims of crime who believe their crime victims' rights have been violated. When probable cause exists to believe a violation may have occurred, the Board can open an investigation and hold a hearing to decide whether a violation occurred. The Board consists of five members who are appointed to serve 4-year terms. The Wisconsin District Attorney's Association appoints a district attorney position; the Wisconsin Crime Victims Council appoints a citizen position; the attorney general appoints a law enforcement position as well as a victim/witness professional position; and the governor appoints a citizen position. What kinds of complaints can the Board review? CVRB's jurisdiction is limited to complaints that involve a possible violation of the crime victim rights provided in Wisconsin law. How does a victim file a complaint with the CVRB? Most controversies regarding victim rights are resolved through informal mediation. If the informal process is completed and the victim still wishes to pursue a formal complaint, the victim can request a complaint form from the DOJ mediator. The form is very short but requires that the victim attach a narrative describing the basis for the complaint along with any relevant evidence. Does the Board help advocate for the victims who file complaints? No. The Board is not a victim advocacy board. It is a quasi-judicial body concerned with fact-finding and applying existing law to individual cases. The Board's process protects the rights of the accused and the victim with equal vigor. Should a victim hire an attorney in order to file a complaint? Victims do not have to have an attorney in order to participate in the complaint process. However, victims bear the burden of proof in the formal complaint process. In other words, they must present evidence to prove that their rights were violated. They may also want to make legal arguments regarding the interpretation of victims' rights law. Therefore, though it is not required, it may be helpful to the victim to have legal representation. Against whom can a victim file a complaint? Victims can file a formal complaint against any public official, public employee or agency that they believe violated their crime victim rights. However, victims must first try to resolve their complaint through an informal process within the Wisconsin Department of Justice before filing a complaint with the Board. The complaint is confidential until the Board issues its finding regarding probable cause. Certain records remain confidential and others may become public per Wisconsin open records law. How long does it take the Board to decide a case? The formal complaint process can be lengthy, depending on the complexity of the case and the schedule of the CVRB. While some cases have been resolved within a few months, others have taken close to one year. What action can the Board take after it reviews a complaint? Based on its review of a complaint, the Board may seek equitable relief on behalf of the victim to protect the rights of the victim and/or it may refer a violation or alleged violation to the judicial commission. If the Board find that a violation occurred, it can issue public or private reprimands to public officials, employees or agencies and/or bring a civil action to assess a forfeiture. The Board may also issue reports and recommendations concerning the protection of victims' rights and services. How many complaints does the CVRB receive each year? The majority of complaints about crime victim rights' violations are resolved through the informal process at the Department of Justice. Since its inception in 1998, the Board's caseload has varied from year to year. In 2006, the Board received ten cases. Who oversees the actions of the Board? The CVRB is an agency separate from all other agencies. Staff is assigned by the Department of Justice to provide administrative, investigative and legal assistance but Board decisions are not subject to approval or review by the attorney general. Parties can appeal CVRB decisions by asking the Board to conduct a new hearing (based on new evidence) or by asking the circuit court to review the Board's decision.
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