This case strikes me as odd. The Milwaukee County Corporation counsel sues the Sheriff and alleges that deputy sheriffs who have been retained by the Sheriff in opposition to the County's budget and directive that Clarke eliminate certain deputy positions may not be duly sworn law officers. The suit suggests that the actions undertaken by these deputies may be illegal or otherwise subject the County to liability because they "aren't working" for Milwaukee County.
Why the Corp Counsel would argue this is unclear to me. It's one thing to say that the Sheriff should have eliminated these people and, in failing to do, is misusing County funds and even to sue him in order to force him to lay off the requisite number of deputies.
But its quite another thing to jeopardize criminal prosecutions and create the potential for other problems by suggesting that the activities of these officers are ultra vires. I haven't looked at the question but it seems unlikely that this is so.
Beyond that, why would the lawyer for the government of Milwaukee County want to suggest that is is so?