Wis. Admin. Code PD — Public Defender Board

Chapter PD 1 CERTIFICATION

Wis. Admin. Code § PD 1.01 Annual review {#sec-pd-1.01 omnilex-key=us-wi-regs-official--agency-pd--PD 1.01}

(1) The state public defender shall annually notify each active member of the state bar of Wisconsin of the procedure for applying for certification under the provisions of s. 977.08, Stats. Publication of a notice in the publication of the state bar of Wisconsin constitutes notice.

(2) The state public defender shall annually update its certification list under s. 977.08, Stats., regarding the availability of private attorneys to be appointed to state public defender matters.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; r. and recr. (1) and (2), r. (3), Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 1.02 Certification of newly admitted attorneys {#sec-pd-1.02 omnilex-key=us-wi-regs-official--agency-pd--PD 1.02}

The state public defender shall provide the Wisconsin supreme court and the state bar of Wisconsin with materials to insure that every person admitted to the state bar after January 1, 1978, is provided with information for applying for certification under s. 977.08, Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 1.03 Certification application and decisions {#sec-pd-1.03 omnilex-key=us-wi-regs-official--agency-pd--PD 1.03}

(1) Application form. The state public defender shall prepare an application form to be completed by attorneys seeking certification or recertification as provided in s. 977.08 (3), Stats. The state public defender shall notify in writing each attorney who has submitted an application of the county or counties and the cases for which the attorney is certified to accept appointments, if any.

Note: Certification application forms and information are published as ch. PD 1 Appendix A to E and are available on the public defender website, https://www.wispd.gov, or from the Assigned Counsel Division, Office of the State Public Defender, P.O. Box 7923, Madison, WI 53707-7923, phone 608-266-0087. The link to the current certification application is: https://www.wispd.gov/wp-content/uploads/2025/10/General-Application.pdf.

(2) Public defender’s certification decision.

(a) For cause, the state public defender may take any of the following actions regarding an attorney’s certification status:

Deny an application for certification or recertification.
Return an attorney to provisional certification under s. PD 1.037.
Exclude an attorney from any certification list in s. PD 1.04.
Suspend an attorney’s certification status under sub. (3).
Decertify an attorney under sub. (4).
Caution an attorney.
Impose conditions upon an attorney’s continued certification.
Take any other action that is consistent with the best interests of clients, the interests of justice, or the interests of the state public defender.

(b) The state public defender shall inform the attorney in writing of the reasons for the adverse certification decision and the manner by which the attorney may appeal the decision.

(3) Suspension.

(a) The state public defender may suspend the attorney from any or all of the certification lists in s. PD 1.04 under any of the following circumstances:

Pending the outcome of the investigation into the attorney’s performance; an allegation of fraudulent, unreasonable or inaccurate billing practices or other misconduct; or of failure to comply with any provision of this chapter.
In response to a request for decertification.

(b) The suspension under par. (a) may not exceed 120 days, exclusive of any time attributable to the lack of cooperation from the attorney under investigation. The state public defender may extend the suspension by a period not to exceed an additional 30 days in order to complete the investigation. Suspensions that exceed these time limits may be appealed under s. PD 1.05.

(4) Decertification. Any interested party may request in writing that an attorney, previously certified to accept cases from the state public defender, be decertified for cause. Upon receipt of a request, the state public defender shall conduct an investigation. Upon a finding of cause, the state public defender may decertify the attorney and exclude the attorney from any or all of the certification lists in s. PD 1.04. An attorney seeking reinstatement to a certification list following decertification shall submit an application as provided in sub. (1).

(5) Discretionary considerations. The state public defender’s exercise of discretion and determination whether cause exists to take any action under this chapter may include consideration of any of the following factors:

(a) In this or any other jurisdiction, the attorney is or has been disbarred, has or has had his or her license to practice law suspended, or has surrendered his or her license to practice law.

(b) The attorney fails or has failed to meet the education or experience requirements under this chapter.

(c) The attorney’s conduct while employed by the state public defender, another law office or another governmental agency in Wisconsin or in another jurisdiction raises a concern about the attorney’s character, performance, ability or behavior.

(d) The attorney engages or has engaged in fraudulent, unreasonable or inaccurate billing to the state public defender or any other governmental agency or organization.

(e) The attorney fails or has failed to meet minimum attorney performance standards adopted by the state public defender or to comply with the supreme court rules of professional conduct for attorneys.

(f) The attorney fails or has failed to follow the state public defender’s procedures for billing or for approval of expenses.

(g) The attorney is or has been the subject of a formal complaint filed by the office of lawyer regulation with the supreme court or filed with an organization that is responsible for enforcement of lawyer regulation in any other jurisdiction.

(h) The attorney is or has been the subject of a finding of dishonesty or incapacity by the client protection fund in an award to a claimant.

(i) The attorney is convicted of any crime that reflects adversely on the attorney’s honesty, trustworthiness or fitness as a lawyer.

(j) The attorney engages in conduct contrary to the interests of clients, the interests of justice, or the interests of the state public defender.

(k) The attorney is barred by statute from engaging in criminal or other public defender case representation.

(L) The attorney fails or has failed to cooperate with an investigation under this chapter.

(m) The conduct of an attorney that formed the basis for voluntary removal or for an investigation or decision regarding the attorney’s license to practice law, certification to accept appointments, or billing practices, in Wisconsin or in any other jurisdiction continues to raise a concern about the attorney’s character, performance, ability or behavior.

(n) The attorney requests to be removed from any or all certification lists at a time when the attorney is the subject of a pending inquiry or investigation concerning performance or billing practices.

(o) The attorney fails to comply with this chapter.

(p) The state public defender learns of any other information that raises a concern about the attorney’s character, performance, ability or behavior.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; CR 09-067: am. (title), renum. to be (1) and am., cr. (2) to (5) Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.035 Requirements for certification {#sec-pd-1.035 omnilex-key=us-wi-regs-official--agency-pd--PD 1.035}

In order to obtain and retain certification under this chapter, an attorney shall satisfy all of the following requirements:

(1) Application. The attorney shall submit an application under s. PD 1.03 (1).

(2) License to practice. The attorney shall be licensed to practice law in Wisconsin and shall be a member in good standing of the State Bar of Wisconsin.

(3) Residence.

(a) The attorney shall reside in or maintain his or her principal office in Wisconsin. A post office box in Wisconsin does not constitute a residence or a principal office in Wisconsin.

(b) An attorney may be certified for trial division cases in only those counties in which he or she resides or maintains his or her principal office, except that in counties with less than ten attorneys on any certification list, an attorney residing or maintaining his or her principal office in one or more adjacent counties may also be certified.

(c) Notwithstanding pars. (a) and (b), the state public defender may, on a case-by-case basis, certify an attorney to handle a case if such certification is necessary for effective client representation. Relevant considerations include, but are not limited to, caseload, availability of other counsel, proximity to the court, and cost-effectiveness.

(4) Continuing legal education.

(a) The attorney shall complete six credits of continuing legal education each calendar year in courses approved by the state public defender. This requirement shall apply beginning in the first full calendar year following an attorney’s graduation from law school.

(b) The attorney shall report compliance with par. (a) under the procedures established by the state public defender. The state public defender shall calculate continuing education credits in the same manner as the board of bar examiners.

(c) The state public defender shall offer training for attorneys seeking certification under this chapter. As used in s. 977.05 (5) (e), Stats., relating to sponsoring conferences and training, “sponsor” means to use state public defender resources to produce and promote state public defender conferences and training programs and “tuition” means all revenue realized from state public defender conferences and training programs and materials.

(5) Cooperation with inquiries.

(a) An attorney shall cooperate with inquiries from the state public defender regarding the status of appointed cases, and regarding performance or billing in appointed cases.

(b) An attorney who receives a written request to provide a response shall respond in writing and within the deadlines presented with the request. An attorney who fails to do so may be suspended from further appointments under s. PD 1.03 (3) until an adequate response is provided.

History

Cr. Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. and recr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.037 Provisional certification {#sec-pd-1.037 omnilex-key=us-wi-regs-official--agency-pd--PD 1.037}

(1) Applicability. The state public defender may provisionally certify an attorney. All attorneys who have not been previously certified and all attorneys whose certification status is reinstated shall be provisionally certified under this section.

(2) Review.

(a) After one year of provisional certification, the state public defender shall review the attorney’s performance and determine the attorney’s future certification status. The public defender may continue provisional certification, grant non-provisional certification, or discontinue provisional certification and exclude the attorney from any or all certification lists.

(b) The state public defender may require a provisionally certified attorney to provide a letter from at least one judge supporting non-provisional certification.

(c) The state public defender’s determination may be based upon, but is not limited to: a review of briefs and client files; billing records; client communications; court records; telephone or personal conferences; and recommendations of judges and attorneys.

(d) The state public defender’s determination shall consider the extent to which the provisionally certified attorney has satisfied the supreme court rules of professional conduct for attorneys and the minimum attorney performance standards adopted by the state public defender.

(3) Continuation. If provisional certification is continued, the attorney’s performance shall be reviewed again under sub. (2) after a period of time set by the state public defender, not to exceed one year.

(4) Appeal. An attorney may appeal the state public defender’s decision to discontinue provisional certification and to exclude the attorney from any or all certification lists as provided in s. PD 1.05.

(5) Provisional certification in lieu of decertification. The state public defender may change an attorney’s certification status to provisional certification in lieu of pursuing decertification as provided in s. PD 1.03 (4).

History

CR 09-067: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.04 Certification lists {#sec-pd-1.04 omnilex-key=us-wi-regs-official--agency-pd--PD 1.04}

An attorney may be placed on the list to accept an appointment to represent state public defender clients in the following case types if the attorney requests appointments in the case type, satisfies the requirements of s. PD 1.035, and satisfies the following additional criteria:

(1) Misdemeanors. For misdemeanor cases, no additional criteria.

(2) Paternity cases. For paternity cases, no additional criteria.

(3) Felonies.

(a) Class G, H or I. For a class G to I felony case, the attorney has satisfied both of the following criteria within the five years immediately preceding the application for certification:

Been trial counsel, alone or with other trial counsel.
Has litigated a significant portion of one completed jury trial, two trials to a court of record, or four testimonial hearings before a court of record, but not including a proceeding to revoke probation, parole or extended supervision.

(b) Class D, E and F. For a class D to F felony case, the attorney has satisfied either of the following criteria within the five years immediately preceding the application for certification:

Been sole trial counsel in at least one felony case tried to a jury to final resolution.
Been trial counsel, alone or with another attorney, and litigated a significant portion of three civil or criminal cases tried to a jury to final resolution.

(c) Class B and C. For a class B or C felony case, the attorney has been sole trial counsel in at least four cases tried to a jury to final resolution, at least one of which was a felony, within the five years immediately preceding the application for certification.

(d) Class A. For a class A felony case, the attorney has satisfied all of the following criteria:

The attorney maintained a significant portion of his or her practice in criminal law within the five years immediately preceding the application for certification.
The attorney has been sole or lead trial counsel in at least two class A to D felony cases tried to a jury to final resolution within the five years immediately preceding the application for certification.
The attorney submitted to peer review, including reference checks with other criminal defense attorneys, prosecutors, judges and public defender staff.
The attorney has submitted a writing sample, consisting of a court memorandum or brief concerning criminal law issues that was written within the two years immediately preceding the application for certification, which was reviewed and approved by the state public defender.
The attorney has submitted any requested information relevant to a determination of the attorney’s qualifications.

(4) Unclassified crimes. For a case alleging an unclassified crime, the attorney satisfies the certification criteria for the case type with a corresponding maximum penalty.

(5) Writs and extraditions. For a writ or extradition case, the attorney satisfies the certification criteria for the case type alleged in the extradition request or that is the subject of the writ.

(6) Chapter 980 sexually violent person commitments. For a case filed under ch. 980, Stats., the attorney has been sole trial counsel in at least four cases tried to a jury to final resolution, at least one of which was a felony, within the five years immediately preceding the application for certification.

(7) Children’s and juvenile court cases alleging behavior that could be prosecuted as a misdemeanor. For a case filed under ch. 48 or 938, Stats., alleging behavior that could be prosecuted as a misdemeanor in criminal court, the attorney has satisfied either of the following criteria:

(a) Completed four credits of state public defender approved legal education in ch. 48 or 938, Stats., cases.

(b) Agreed in writing to complete four credits of state public defender approved legal education in ch. 48 or 938, Stats., cases during the first year of his or her provisional certification under s. PD 1.037.

(8) Juvenile court or juvenile waiver cases alleging behavior that could be prosecuted as a class E to I felony. For a case filed under ch. 938 in which the most serious allegation could be a class E to I felony if prosecuted in criminal court, or a case seeking to waive a juvenile into criminal court for behavior that could be a class E to I felony in criminal court, the attorney has satisfied the criteria in sub. (3) (a) and is certified for cases under sub. (7).

(9) Juvenile court or juvenile waiver cases alleging behavior that could be prosecuted as a class B to D felony. For a case filed under ch. 938 in which the most serious allegation could be a class B to D felony if prosecuted in criminal court, or a case seeking to waive a juvenile into criminal court for behavior that could be a class B to D felony in criminal court, the attorney has satisfied the criteria in sub. (3) (b) and has been sole trial counsel in at least three trials to the court in ch. 938, Stats., cases in which the most serious allegation would be a felony if prosecuted in criminal court.

(10) Termination of parental rights cases. For a termination of parental rights case under ch. 48, Stats., the attorney has satisfied all of the following criteria:

(a) Satisfied the criteria in sub. (3) (a).

(b) Completed four credits of state public defender approved legal education pertaining to ch. 48, Stats., cases.

(c) Completed four credits of state public defender approved legal education pertaining to termination of parental rights cases.

(11) Chapter 51 or 55 commitment cases. For a case that is filed under ch. 51 or 55, Stats., the attorney has satisfied either of the following criteria:

(a) Completed two credits of state public defender approved legal education pertaining to ch. 51 or 55, Stats., cases.

(b) Agreed in writing to complete two credits of state public defender approved legal education pertaining to ch. 51 or 55, Stats., cases during the first year of his or her provisional certification under s. PD 1.037.

(12) Revocation of probation, parole or extended supervision status.

(a) For a proceeding to revoke probation, parole or extended supervision in which the offense of conviction was a misdemeanor, the attorney has satisfied either of the following criteria:

Completed two credits of state public defender approved legal education pertaining to revocation cases.
Agreed in writing to complete two credits of state public defender approved legal education pertaining to revocation cases during the first year of his or her provisional certification under s. PD 1.037.

(b) For a proceeding to revoke probation, parole or extended supervision in which the offense of conviction was a felony, the attorney has satisfied both of the following criteria:

Satisfied the criteria of sub. (3) (a).
Completed two credits of state public defender approved legal education pertaining to revocation cases.

(13) Appellate division cases.

(a) Level one appellate certification. Level one appellate case certification includes appellate appointments in misdemeanor cases, unclassified crimes, sentencing after revocation cases, paternity cases and class G to I felony cases. For an appeal of a level one appellate case, the attorney has satisfied either of the following criteria:

Submitted a brief-in-chief that was filed in any appellate court in the United States within the five years immediately preceding the application for certification and that was reviewed and approved by the state public defender.
Completed three credits of state public defender approved legal education pertaining to appellate procedure, or its equivalent, including a law school course, clinical program or judicial clerkship, within one year immediately preceding the application for certification.

(b) Level two appellate certification. Level two appellate case certification includes appellate appointments in level one cases and in class A to F felony cases. For an appeal of a level two appellate case, the attorney has satisfied all of the following criteria:

Filed two briefs-in-chief in Wisconsin appellate courts that complied with s. 809.30, Stats., within the five years immediately preceding the application for certification.
Submitted one brief-in-chief that satisfied the criteria in subd. 1. and that was reviewed and approved by the state public defender.
Conducted three contested circuit court hearings, including one evidentiary hearing, within the five years immediately preceding the application for certification.
Either has satisfied the criteria of par. (a) 2., or completed six credits of state public defender approved legal education pertaining to criminal law within one year immediately preceding the application for certification.

(c) Termination of parental rights appellate certification. For an appeal of a termination of parental rights case under ch. 48, Stats., the attorney has satisfied both of the following criteria:

Satisfied the criteria of par. (a).
Either has completed four credits of state public defender approved legal education pertaining to termination of parental rights cases within one year immediately preceding the application for certification, or has been sole trial or appellate counsel of record in one contested termination of parental rights case within the three years immediately preceding the application for certification.

(d) Juvenile appellate certification. For an appeal of a case prosecuted under ch. 48 or 938, Stats., other than a termination of parental rights case, the attorney has satisfied both of the following criteria:

Satisfied the criteria of par. (a).
Either has completed four credits of state public defender approved legal education pertaining to ch. 48 or 938, Stats., within one year immediately preceding the application for certification; or has been sole trial or appellate counsel of record in five cases filed under ch. 48 or 938, Stats., within the three years immediately preceding application for certification.

(e) Civil commitment appellate certification. For an appeal of a case filed under ch. 51 or 55, Stats., the attorney has satisfied both of the following criteria:

Satisfied the criteria of par. (a).
Either completed four credits of state public defender approved legal education pertaining to ch. 51 or 55, Stats., within one year immediately preceding the application for certification; or has been sole trial or appellate counsel of record in five cases under ch. 51 or 55, Stats., within the three years immediately preceding the application for certification.

(f) Chapter 980 appellate certification. For an appeal of a case filed under ch. 980, Stats., the attorney has satisfied both of the following criteria:

Satisfied the criteria of par. (a).
Either completed four credits of state public defender approved legal education pertaining to ch. 980, Stats., within one year immediately preceding the application for certification; or has been sole trial or appellate counsel of record in one contested commitment under ch. 980, Stats., within the three years immediately preceding the application for certification.

(14) Other specialized certification lists. The state public defender may develop other specialized lists under this section in response to changes in substantive or procedural law or developments in forensic science.

(15) Public defender’s authority to waive criteria. The state public defender may allow an attorney’s education, training or experience to substitute for any requirement set forth in s. PD 1.035 or this section. The state public defender may waive the requirements in this section to assign a case to an attorney who has a prior pending case with the same client.

History

Cr. Register, May, 1978, No. 269, eff. 6-1-78; am. Register, August, 1978, No. 272, eff. 9-1-78; r. and recr. (1), renum, (2) to (4) to be (5) to (7) and am. (7), cr. (2) to (4), Register, August, 1981, No. 308, eff. 9-1-81; am. (1) (intro.) and (c), (2) (c) and (d) 5., (3) (c) and (d) 3., renum. (4) to (7) to be (5), (7), (8) and (9) and am. (8) (a) (intro.) and 2. and (9), cr. (4) and (6), Register, November, 1984, No. 347, eff. 12-1-84; am. (5) (a), Register, April, 1990, No. 412, eff. 5-1-90; correction in (9) made under s. 13.93 (2m) (b) 4., Stats., Register, April, 1990, No. 412; r. and recr. (1), am. (2) (b), (3) (b), (5) (b), (7), (8) (a) (intro.), (c) and (a), r. (2) (c), (3) (c), (4) and (8) (a) 2., renum. (2) (d) (intro.), (3) (d) (intro.) and (8) (a) 3. to be (2) (c) (intro.), (3) (c) (intro.) and (8) (a) 2. and am., cr. (2m), Register, October, 1992, No. 442, eff. 11-1-92; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475; r. and recr. (5), r. (7), Register, April, 1996, No. 484, eff. 5-1-96; correction in (5) (c) 1. and (f) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1996, No. 487; correction in (2m) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; cr. (10), Register, August, 1999, No. 524, eff. 9-1-99; CR 02-110: cr. (5) (bc), am. (5) (d) 3. and (e) 3., Register December 2002 No. 564, eff. 1-1-03; CR 09-067: r. and recr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.05 Appeal of certification decisions {#sec-pd-1.05 omnilex-key=us-wi-regs-official--agency-pd--PD 1.05}

(2) Any attorney may appeal the state public defender’s certification decision under s. PD 1.03 (2) by serving a letter of appeal to the state public defender within 30 days of the notice of the decision. The attorney shall state in the letter the certification from which the attorney has been excluded or the decision from which the attorney intends to appeal. The letter shall state the reasons why the attorney believes the decision was improper. Service may be accomplished by mail or email.

Note: The mailing address and email for service are 17 S. Fairchild St., 5th Floor, Madison, WI 53703, SPDBoardStaff@opd.wi.gov.

(3) Upon receipt of an appeal letter, the state public defender shall place the matter on the agenda of the next state public defender board meeting unless that meeting is less than 10 days from the receipt of the appeal letter, in which case the matter may be scheduled for the following meeting. The state public defender shall, at least 10 days before the hearing, inform the attorney of the time and place of the board meeting at which the appeal will be considered.

(3m) The parties for any appeal shall be the appealing attorney and the state public defender.

(4) The state public defender shall transmit to the board and the attorney all material relied upon in reaching the certification decision, including the certification application and all written comments received under s. 977.08 (3), Stats.

(5) The attorney may submit to the board any material that he or she believes is relevant to the appeal. The hearing before the board shall be considered a “class 3” proceeding and is governed by ch. 227, Stats.

(5m)

(a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purpose. Appearances shall be entered on the record. The board may permit clear and concise opening statements.

(b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.

(c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03, Stats.

(5r) The admission of evidence is governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats.

(6) The state public defender board may deliberate the matter in executive session pursuant to the provisions of s. 19.85 (1) (a), Stats. The board shall issue a written decision affirming, reversing or modifying the decision of the state public defender. The written decision shall be mailed to the attorney within 20 days after the board meeting and shall be signed by an officer of the board.

(7) The board’s written decision shall constitute findings of fact and conclusions of law within the meaning of s. 227.47, Stats.

(7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of an adverse decision, the time allowed for filing each petition and identification of the party to be named as respondent per s. 227.48 (2), Stats.

(8) The board may appoint a panel of board members to conduct the hearing specified in subs. (5) and (6). After reviewing the record of the hearing and receiving the panel’s recommendation, the entire board shall issue a written decision.

PD 1.06 Decertification for cause. History: Cr. Register, August, 1981, No. 308, eff. 9-1-81; am. (1) and (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1) and (2), r. (4), Register, October, 1992, No. 442, eff. 11-1-92; r. and recr. Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. Register June 2010 No. 654, eff. 7-1-10.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) to (6), Register, November, 1984, No. 347, eff. 12-1-84; corrections in (5) and (7), made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1990, No. 412; am. (5), cr. (8), Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. (1), am. (2), (3) and (6) Register June 2010 No. 654, eff. 7-1-10; CR 24-042: am. (2), cr. (3m), (5m), (5r), (7m) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PD 1.07 Voluntary removal {#sec-pd-1.07 omnilex-key=us-wi-regs-official--agency-pd--PD 1.07}

Any attorney may request to be removed from any certification list, and the state public defender shall remove the attorney. An attorney seeking reinstatement to a certification list after voluntary removal shall submit an application as provided in s. PD 1.03 (1).

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), Register, November, 1984, No. 347, eff. 12-1-84; am. Register, October, 1992, No. 442, eff. 11-1-92; CR 09-067: am. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.075 Inactive status {#sec-pd-1.075 omnilex-key=us-wi-regs-official--agency-pd--PD 1.075}

(1) An attorney may decline to accept appointments and request in writing to be placed in inactive status. If an attorney has not been appointed in a case for more than one year, the state public defender may place the attorney in inactive status and shall notify the attorney of the change. Except as provided in sub. (2), the state public defender shall return the attorney to active status upon request.

(2) If an attorney has been in inactive status for more than 2 years, and seeks reinstatement to active status, the attorney shall submit an application as provided in s. PD 1.03 (1).

History

CR 09-067: cr. Register June 2010 No. 654, eff. 7-1-10.

Wis. Admin. Code § PD 1.08 Access to files {#sec-pd-1.08 omnilex-key=us-wi-regs-official--agency-pd--PD 1.08}

(1) The state public defender may not disclose the contents or substance of any review or investigation prior to issuing a decision under s. PD 1.03, unless ordered to do so by the chairperson of the public defender board or a court, or unless the attorney who is the subject of the review or investigation first discloses the contents or the substance of the review or investigation.

(2) Only certification lists, board proceedings and decisions under this chapter shall be considered public documents and open to public inspection.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), Register, November, 1984, No. 347, eff. 12-1-84; am. (1), Register, October, 1992, No. 442, eff. 11-1-92; CR 09-067: am. Register June 2010 No. 654, eff. 7-1-10.

Chapter PD 2 ASSIGNMENT PROCEDURE

Wis. Admin. Code § PD 2.01 Definitions {#sec-pd-2.01 omnilex-key=us-wi-regs-official--agency-pd--PD 2.01}

In this chapter:

(1) “Emergency assignment” means assignment of counsel outside of normal business hours or when regular assignment will not provide both effective and early representation.

(2) “Regular assignment” means any situation in which counsel is required other than under sub. (1).

(4) “Board” means the state public defender board.

(5) “County designee” means the person, department, office, officer, board or agency selected by the county board and, where appropriate, approved by the state public defender, to do indigency determinations pursuant to s. 977.07 (1), Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; cr. (5), Register, August, 1981, No. 308, 9-1-81; r. and recr. (1) and r. (3), Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 2.02 Emergency assignment procedure {#sec-pd-2.02 omnilex-key=us-wi-regs-official--agency-pd--PD 2.02}

(1) In any emergency situation the state public defender or county designee shall evaluate the person for indigency as soon as possible.

(2) In any emergency situation, the representative of the state public defender shall assign the attorney most readily available to handle the emergency situation, whether that attorney is a staff public defender or private attorney.

(3) Unless the interests of justice require otherwise, the person shall be provided regular counsel under s. PD 2.03 and the attorney who provides emergency representation need not continue on the case and need not be permanently assigned.

(4) If it subsequently appears that the person provided emergency representation was not entitled to publicly compensated counsel, that person shall be required to compensate the state public defender for those services at the hourly rate in existence at the time of appointment of counsel and, in no case in excess of the maximum cost determined by the state public defender to be the value of those legal services.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; renum (1) to (3) to be (2) to (4) and am. (2), cr. (1), Register, August, 1981, No. 308, eff. 9-1-81; am. (2) and (4), Register, November, 1984, No. 347, eff. 12-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 2.03 Regular assignment procedure {#sec-pd-2.03 omnilex-key=us-wi-regs-official--agency-pd--PD 2.03}

(1) The state public defender or county designee shall contact any person who claims or appears to be indigent, has requested counsel, or has been referred by the court to the state public defender to determine the person’s eligibility for appointment of an attorney by the state public defender.

(2) The state public defender and county designee shall be available 24 hours per day including weekends and legal holidays.

(3) The state public defender or county designee shall have immediate access in person or by phone to any individual held in custody, including but not limited to city or county jails, detention facilities, or mental health facilities, upon request by the state public defender or county designee, to advise the person of the right to a free determination of the person’s eligibility for appointment of an attorney by the state public defender.

(4) The county designee shall, upon finding a person eligible, immediately contact the state public defender for purposes of assignment of counsel.

(5) The state public defender or county designee shall advise all persons charged with a crime, detained for purposes of juvenile or involuntary civil commitment proceedings, or otherwise facing a legal proceeding which is within the scope of representation provided by the state public defender, prior to their initial court appearance, that they have a right to be represented by an attorney in the proceeding if found eligible. The state public defender or county designee shall advise all persons of the applicable repayment obligation specified in s. PD 6.01, 6.05 or 6.055 and, if applicable, the optional prepayment amount specified in s. PD 6.02. The state public defender or county designee shall also advise all persons prior to their initial appearance that they have a right to a determination of their eligibility for those legal services. The county designee shall forward to the state public defender on a monthly basis the names, addresses, and case numbers of these persons and the dates on which the contacts were made.

(6) If the person is eligible for publicly compensated counsel, a representative of the state public defender shall appoint counsel pursuant to s. 977.08, Stats. If no certified counsel is available in a county governed by s. 977.08 (5) (a), Stats., appointment shall be to certified private counsel in another county.

(7) If the case is to be assigned to a staff attorney, a representative of the state public defender shall notify the supervising attorney in the appropriate office of the state public defender who shall designate a certain attorney to represent that person.

(8) If the case is assigned to local private counsel, a representative of the state public defender shall immediately contact the attorney whose name appears on the top of the appropriate certification list and assign that attorney to represent that person. If that attorney cannot accept the assignment, the next attorney on the list shall be contacted and the first attorney’s name shall be placed on the bottom of the list as required by s. 977.08 (3) (c), Stats. If the attorney accepts the assignment, that attorney’s name shall be placed on the bottom of the list. The director of the assigned counsel division may authorize a specific representative of the state public defender to make group assignments of cases. Group assignments may be made by number of cases or by designating an attorney to take all cases assigned during a given time period. The director’s authorization shall designate the maximum number of cases in a group or the maximum time period the representative may assign. Each attorney on the list of the state public defender shall be offered an equal opportunity at group assignment of cases. In all other respects, group assignments shall be made in the manner specified for individual assignments.

(9) If the case is assigned to local private counsel on a specialized list under s. PD 1.04 (6), the assignment shall serve in lieu of that attorney’s next appointment from the regular list.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), renum. (2) to (4) to be (5) to (7), cr. (2) to (4), Register, August, 1981, No. 308, eff. 9-1-81; r. and recr. (1), am. (2), renum. (3) to (7) to be (4) to (8) and am. (5) and (6), cr. (3) and (9), Register, November, 1984, No. 347, eff. 12-1-84; emerg. am. (8), eff. 9-22-89; am. (8), Register, April, 1990, No. 412, eff. 5-1-90; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475; am. (4), (5) and (8), Register, November, 1996, No. 491, eff. 12-1-96; CR 09-068: am. (1), (3) and (5) Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § PD 2.04 Person’s right to refuse specific attorney {#sec-pd-2.04 omnilex-key=us-wi-regs-official--agency-pd--PD 2.04}

(1) A person may request that the attorney assigned to represent him or her be discharged and that another attorney be assigned, and the state public defender shall honor such request, provided:

(a) It is the only such request made by the person in that case; and

(b) Such change in counsel will not delay the disposition of the case or otherwise be contrary to the interests of justice.

(2) In the event the court or public defender authorizes an attorney to withdraw as counsel, the state public defender shall assign the attorney who next appears on the top of the appropriate certification list and place the original attorney’s name on the top of that list. In the event the attorney discharged is a staff public defender, a private attorney may be appointed.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 2.05 Conflict cases {#sec-pd-2.05 omnilex-key=us-wi-regs-official--agency-pd--PD 2.05}

The state public defender may not represent more than one person at trial charged in the same case or any client whose interests conflict with any other client.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 2.06 Counties in which private counsel may be assigned trial division cases {#sec-pd-2.06 omnilex-key=us-wi-regs-official--agency-pd--PD 2.06}

(1) Attorneys may be assigned trial division cases only in those counties in which they reside or maintain their principal office, except that in counties in which there are less than 10 attorneys on any certification list, those attorneys residing or maintaining their principal office in one or more adjacent counties may also be assigned trial division cases in that county.

(2) If necessary for effective client representation, the state public defender may assign an attorney to handle a trial division case even if the attorney does not meet the residency requirements.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84; renum. PD 2.06 to be PD 2.06 (1) and am., cr. (2), Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § PD 2.07 Public representation after case commenced by retained counsel {#sec-pd-2.07 omnilex-key=us-wi-regs-official--agency-pd--PD 2.07}

(1) If it is necessary for a person to obtain publicly compensated counsel after having retained counsel because of the lack of sufficient funds, the attorney who was originally retained may be assigned and publicly compensated if either:

(a) The court finds that the interests or administration of justice will be severely damaged by a change in counsel; and

It appears that the attorney had a reasonable expectation of receiving his or her entire fee when he or she was retained;
The necessity for publicly compensating this retained counsel has occurred no more than once in the preceding 12 months; and
The client and attorney consent; or

(b) The retained attorney is certified to provide such representation; and

It appears that the attorney had a reasonable expectation of receiving his or her entire fee when he or she was retained;
The necessity for publicly compensating this retained counsel has occurred no more than once in the preceding 12 months; and
The state public defender, client and attorney consent.

(2) Under no circumstances shall the state public defender compensate counsel for services rendered prior to the effective date of assignment by the state public defender.

(3) The method provided under s. PD 4.025 shall be used to calculate the compensation by the state public defender of the private attorney appointed under sub. (1).

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (b) 2., r. (2) and (4), renum. (3) to be (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1) (intro), (a) and (b) 3., cr. (3), Register, April, 1990, No. 412, eff. 5-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 2.08 Court’s right to review indigency determination {#sec-pd-2.08 omnilex-key=us-wi-regs-official--agency-pd--PD 2.08}

(1) Any person determined by the state public defender not to be eligible for publicly compensated counsel may request that the court having jurisdiction over the case review the state public defender’s indigency determination.

(2) After affording the defendant and a staff attorney of the state public defender the opportunity to be heard, such court may order the state public defender to provide representation, and the state public defender shall assign counsel.

(3) Court-ordered representation shall not preclude a finding of partial indigency and the requirement that the person make partial payment to the state public defender as provided by ch. PD 6.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (3), Register, November, 1984, No. 347, eff. 12-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., October, 1998, No. 514.

Wis. Admin. Code § PD 2.09 Special types of representation {#sec-pd-2.09 omnilex-key=us-wi-regs-official--agency-pd--PD 2.09}

In the following types of cases private local counsel may be assigned from the indicated certification lists:

(1) Probation, parole, or juvenile aftercare revocation cases — from the certified list relating to the original offense.

(2) Extradition cases — from felony or misdemeanor certification list.

(3) Habeas corpus cases (prior to conviction) — from certified list relating to the original offense.

(4) Habeas corpus cases, after conviction — from appellate certification lists or from certification lists relating to the original offense.

(5) Post-conviction motion cases — from appellate certification lists or from certification lists relating to the original offense.

(6) Paternity and contempt cases — from appellate certification lists or misdemeanor or felony certification lists.

(7) Extraordinary remedy cases — from felony, misdemeanor or appellate certification lists, depending on nature of case.

(8) Civil or criminal mental reexamination cases — from certification lists relating to the original proceeding.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), (4) to (8), Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 2.10 Written notice of assignment {#sec-pd-2.10 omnilex-key=us-wi-regs-official--agency-pd--PD 2.10}

(1) As soon as a regular assignment of counsel is made, the representative of the state public defender shall provide the clerk of court having jurisdiction over that case, in writing, the name, address, and telephone number of the attorney providing representation.

(2) In cases assigned to local private counsel, the representative of the state public defender shall send that attorney written confirmation of the assignment showing:

(a) The effective date of the assignment;

(b) The type of case, including the court and case number (if known);

(d) Information regarding compensation as provided in ch. PD 4.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 2.11 Appellate representation {#sec-pd-2.11 omnilex-key=us-wi-regs-official--agency-pd--PD 2.11}

(1) Appellate representation shall be considered a separate case and reassigned under s. PD 2.03.

(2) The state public defender shall assign to independent private counsel any case in which a staff attorney of the state public defender’s office provided trial representation and it is arguable that the client was not afforded effective representation.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 2.12 Investigative and expert services for private attorneys {#sec-pd-2.12 omnilex-key=us-wi-regs-official--agency-pd--PD 2.12}

(1) The state public defender may make available to private attorneys assigned under these provisions the services of staff investigators. In the event a staff investigator is not available or is providing services in a conflicting case, the state public defender may authorize the private attorney to retain investigatory services that may reasonably be required, and the investigator shall be compensated by the state public defender.

(2) If a private attorney assigned under these provisions finds it necessary to retain expert assistance, the attorney shall apply to the state public defender for permission to retain that expert assistance. The state public defender may approve the request. In the event of approval, the state public defender shall provide reimbursement for the assistance.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84; emerg. cr. (3) and (4), eff. 2-26-92.

Wis. Admin. Code § PD 2.13 Staff attorney representation of non-indigent clients {#sec-pd-2.13 omnilex-key=us-wi-regs-official--agency-pd--PD 2.13}

If a court appoints a state public defender staff attorney to represent a non-indigent client, the state public defender shall receive reimbursement from the county for the cost of the state public defender staff attorney’s representation as follows:

(1) For legal services rendered, at a rate which is in accordance with chapter 81, Wisconsin Supreme Court Rules.

(2) For expenses incurred incident to representation such as, but not limited to, costs for travel, witnesses, discovery or experts, at a rate at which a private attorney would be reimbursed by the county.

History

Cr. Register, November, 1991, No. 431, eff. 12-1-91.

Chapter PD 3 INDIGENCY CRITERIA

Wis. Admin. Code § PD 3.01 General rule {#sec-pd-3.01 omnilex-key=us-wi-regs-official--agency-pd--PD 3.01}

Except as provided in s. 977.07 (1), Stats., an applicant for appointment of counsel by the state public defender shall meet the financial criteria set forth in this chapter.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; CR 09-068: am. Register May 2010 No. 653, eff. 6-1-10; CR 10-133: r. and recr. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.015 Verification {#sec-pd-3.015 omnilex-key=us-wi-regs-official--agency-pd--PD 3.015}

In order to screen the eligibility of applicants and collect amounts owed as payment for representation, the state public defender may verify information related to eligibility, including social security numbers, income records, and proof of eligibility for income-based programs.

Note: In its November 1994 report, the legislative audit bureau (LAB) recommended that the state public defender implement a system of verifying financial information provided by applicants in the course of indigency determinations. LAB acknowledged that existing procedures were adequate for incarcerated applicants who could not have their spouses provide verification. The state public defender board strongly supports the goals of enhancing the accuracy of indigency determinations and providing representation by the state public defender to only those persons who are eligible. Therefore, the state public defender has adopted s. PD 3.015.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 10-133: am. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.02 Cost of retained counsel {#sec-pd-3.02 omnilex-key=us-wi-regs-official--agency-pd--PD 3.02}

(1) The anticipated cost of retaining counsel shall be determined by this schedule:

(2) The state public defender shall establish the cost of retaining counsel for any proceeding not covered by the schedule in sub. (1).

(3) The state public defender shall periodically review the actual cost of retaining private counsel and report these findings to the state public defender board. The state public defender board may revise the schedule of the anticipated cost of retaining counsel.

(4) The state public defender may consider, in the case of an applicant who is the subject of two or more separate proceedings, the anticipated cost of retaining counsel in multiple proceedings.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) renum. (2) to be (3) and am., cr. (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1), Register, January, 1992, No. 433, eff. 2-1-92; emerg. am. (1), eff. 5-12-95; am. (1), Register, January, 1996, No. 481, eff. 2-1-96; am. (1), Register, April, 1996, No. 484, eff. 5-1-96; am. (1), Register, May, 1997, No. 497, eff. 6-1-97; am. (1), Register, October, 1998, No. 514, eff. 11-1-98; CR 10-133: r. and recr. Register April 2011 No. 664, eff. 6-19-11; CR 13-049: am. (1) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PD 3.03 Determination of financial eligibility {#sec-pd-3.03 omnilex-key=us-wi-regs-official--agency-pd--PD 3.03}

(1) An applicant is financially eligible for appointment of counsel by the state public defender if both of the following criteria are met:

(a) Asset limitations. The anticipated cost of retained counsel under s. PD 3.02 exceeds the applicant’s family assets deemed available under sub. (2) to pay the costs of legal representation.

(b) Income limitations. The anticipated cost of retained counsel under s. PD 3.02 exceeds the applicant’s family income deemed available under sub. (3) to pay the costs of legal representation.

(2) The state public defender shall treat assets as available to the person to pay the costs of legal representation if the assets exceed $2500 in combined equity value except that the state public defender shall exclude the equity value of vehicles up to a total equity value of $10,000 and shall exclude the first $30,000 of the equity value of the home that serves as the individual’s homestead.

(3) Subject to subs. (4) and (5), the state public defender shall consider income as available to pay the costs of legal representation if the gross income exceeds 115 percent of the federal poverty guidelines, as defined in 42 USC s. 9902 (2) (2011).

(4) For the purpose of the calculations under this section, the state public defender shall consider the applicant’s anticipated income for the time period beginning at the time of the application and continuing for the following time:

(a) For felony cases and cases under ch. 980, Stats., six months.

(b) For appellate cases, eight months.

(d) For all other cases, four months.

(5)

(a) Notwithstanding the criteria in sub. (1), an applicant is financially eligible for appointment of an attorney by the state public defender if the applicant’s only income is derived from one or more of the following sources:

A Wisconsin works employment position under s. 49.148 (1) (a), (b), or (c), Stats.
Wisconsin works benefits under s. 49.148 (1m), Stats.
Supplemental security income for the aged, blind, and disabled under 42 USC 1381-1383c, relief as defined in s. 49.01 (3), Stats., or any other similar needs-based financial assistance program.

(b) Notwithstanding sub. (1), an applicant is financially eligible for appointment of appellate counsel if the applicant has filed a notice of intent to pursue post-conviction relief under s. 809.30 (2) (b), Stats., indicating that:

The state public defender has appointed counsel in the case.
His or her financial circumstances have not materially changed since the date on which the applicant was determined to be eligible for the appointment of counsel in that case.

(6) For the purpose of the calculations under this section, the state public defender shall consider assets and income of the applicant’s spouse as the applicant’s assets and income, unless the spouse is alleged to be the victim of a crime allegedly committed by the applicant.

(7) If a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), Stats., has available income or assets greater than $100, but less than the anticipated cost of counsel, the parent shall be determined to be indigent in part.

(8) If a person subject to s. 51.605 (1) or 55.107 (1), Stats., has available income or assets greater than $100, but less than the anticipated cost of counsel, the parent shall be determined to be indigent in part.

(9) The state public defender shall annually review the standards specified in this chapter and shall revise these standards as required.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), Register, August, 1981, No. 308, eff. 9-1-81; am. (1) (b), (2) and (4), Register, November, 1984, No. 347, eff. 12-1-84; renum. (1) (b) and (c) to be (1) (c) and (d), cr. (1) (b), am. (2), Register, April, 1990, No. 412, eff. 5-1-90; am. (2) and (4), Register, August, 1990, No. 416, eff. 9-1-90; emerg. am. (1) (c), (2) and (4), cr. (2m), eff. 5-12-95; am. (1) (c), (2) and (4), cr. (2m), Register, January, 1996, No. 481, eff. 2-1-96; CR 10-133: r. and recr. Register April 2011 No. 664, eff. 6-19-11: CR 12-017: am. (2), (3) Register July 2013 No. 691, eff. 8-1-13.

Wis. Admin. Code § PD 3.04 Information provided to applicants {#sec-pd-3.04 omnilex-key=us-wi-regs-official--agency-pd--PD 3.04}

Before asking an applicant for financial information, the state public defender shall inform the applicant of all of the following:

(1) The applicant will be required to certify, under s. PD 3.05 (1), the truthfulness of the financial information provided.

(2) The financial information provided by the applicant is not protected by the attorney-client privilege.

(3) The applicant may be prosecuted for a felony offense if the applicant intentionally provides false information.

History

CR 10-133: cr. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.05 Certified statement {#sec-pd-3.05 omnilex-key=us-wi-regs-official--agency-pd--PD 3.05}

(1) Except as provided in s. 977.07 (1), Stats., all applicants for appointment of counsel by the state public defender shall be required to provide truthful information in a financial evaluation form as required under this chapter. Except as provided in s. 977.06 (2), Stats., all such applicants shall sign a completed financial evaluation form certifying that the financial information that they have provided is accurate to the best of their knowledge and belief, and that they have not disposed of any assets for the purpose of qualifying for the appointment of counsel.

Note: Revised indigency evaluation forms can be obtained at no charge from the Office of the State Public Defender, 17 S. Fairchild Street, 2nd Floor, Madison, WI 53707.

(2) The state public defender may appoint counsel pursuant to telephone eligibility interviews, in which cases the clients shall sign the financial evaluation form as soon thereafter as practicable.

(3) The state public defender shall retain for 3 years all financial evaluations. After such time they shall be maintained pursuant to s. 16.61 (4), Stats.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; cr. (2), Register, August, 1981, No. 308, eff. 9-1-81; emerg. am. (1) eff. 5-23-84; am. Register, November, 1984, No. 347, eff. 12-1-84; am. (1), r. and recr. (2), cr. (3), Register, July, 1995, No. 475, eff. 8-1-95; CR 10-133: r. and recr. (1), am. (2), (3) Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.055 Voluntary termination of employment or disposal of assets {#sec-pd-3.055 omnilex-key=us-wi-regs-official--agency-pd--PD 3.055}

(1) If an applicant voluntarily terminates employment within the 90 days following the date of application for representation and for the purpose of having the state public defender appoint counsel, the state public defender shall calculate the applicant’s income on the basis of the applicant’s wages before the voluntary termination of employment.

(2) If an applicant disposes of assets for the purpose of having the state public defender appoint counsel, the state public defender shall count the asset at its fair market value at the time is was disposed of minus the amount of compensation received for the asset.

History

Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 10-133: renum. to be (1) and am., cr. (2) Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.06 Access to financial evaluations {#sec-pd-3.06 omnilex-key=us-wi-regs-official--agency-pd--PD 3.06}

(1) Subject to s. 977.06 (4), Stats., access to financial evaluations of applicants for appointment of counsel by the state public defender may not be granted to any person, except the applicant, a person authorized by the applicant, staff of the state public defender, counsel appointed by the state public defender, or a court in which the applicant has a pending proceeding.

(2) Requests for access to financial evaluations made by a court in which the applicant has a pending proceeding or by any person not specified in sub. (1) shall be referred to the applicant’s counsel, if one has been appointed by the state public defender, and to the state public defender regional supervisor for the county in which the proceeding occurred or is pending.

(3) If the state public defender regional supervisor believes that the financial evaluation contains information that is privileged under s. 905.03, Stats., or confidential under chapter 20, Wisconsin Supreme Court Rules, the supervisor shall redact the privileged or confidential information before providing the evaluation to the court under sub. (1). If the state public defender regional supervisor determines that a requestor is not entitled to access to a financial evaluation, the supervisor shall promptly notify the requestor of the denial of the request.

(4) During the pendency of the proceeding for which the financial evaluation was completed, questions regarding eligibility may be resolved pursuant to s. 977.06 (4) (a), Stats.

(5) Notwithstanding subs. (1) to (4), and subject to any motion, writ, or other process that the state public defender deems appropriate to contest an order or subpoena, the state public defender shall comply with any court order or subpoena for production of a financial evaluation.

History

Emerg. cr. eff. 5-23-84; cr. Register, November, 1984, No. 347, eff. 12-1-84; emerg. am. (1), cr. (1m), eff. 5-12-95; am. (1), r. and recr. (2), Register, July, 1995, No. 475, eff. 8-1-95; cr. (1m), Register, January, 1996, No. 481, eff 2-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats,. Register, May, 1997, No. 497; CR 10-133: r. and recr. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 3.07 Change of circumstances {#sec-pd-3.07 omnilex-key=us-wi-regs-official--agency-pd--PD 3.07}

(1) If a client has complied with the requirements of this chapter and qualified financially for appointment of an attorney by the state public defender, the client remains eligible for continued representation in a pending matter notwithstanding a change in financial circumstances.

(2) Notwithstanding sub. (1), the state public defender may adjust, pursuant to s. PD 6.045, the payment amount, subject to s. 977.075 (3m), Stats., for a client whose financial circumstances change during the course of state public defender representation.

History

CR 10-133: cr., correction in (2) made under s. 13.92 (4) (b) 4., Stats., Register April 2011 No. 664, eff. 6-19-11.

Chapter PD 4 PRIVATE ATTORNEY PAYMENT

Wis. Admin. Code § PD 4.01 Billing form {#sec-pd-4.01 omnilex-key=us-wi-regs-official--agency-pd--PD 4.01}

At the time a private attorney is assigned a case by the state public defender pursuant to s. PD 2.03, the state public defender shall furnish the attorney with a billing form to be submitted when the case is concluded. The form shall include an itemized listing of the service provided and the expenses incurred.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 4.02 Submission of bill {#sec-pd-4.02 omnilex-key=us-wi-regs-official--agency-pd--PD 4.02}

(1) In this section, “conclusion of the case” means the conclusion of trial-level representation for trial cases and the conclusion of appellate-level representation for appellate cases.

(2) Within 6 months of the conclusion of the case, the private attorney shall submit their bill pursuant to state public defender posted procedure. The state public defender, or its designee, shall promptly review the bill to insure that attorney time billed reflects reasonable attorney practice in such a case, as determined by the state public defender, and, except as provided for in s. PD 4.06, promptly authorize payment at the rate established under s. 977.08 (4m), Stats.

(3) The state public defender’s exercise of discretion and determination whether attorney time billed reflects reasonable attorney practice under this chapter may include consideration of any of the following factors:

(a) The novelty, difficulty, and complexity of the appointed case.

(b) The skill required to provide zealous and competent representation.

(d) Time requirements imposed by the circumstances of the appointed case.

(e) Other factors the state public defender deems important or necessary to consider under the circumstances of the appointed case.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84; am. Register, April, 1990, No. 412, eff. 5-1-90; emerg. am. eff. 6-14-95; am. Register, October, 1995, No. 478, eff. 11-1-95; CR 24-042: renum. 4.02 to 4.02 (2) and am., cr. (1), (3) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PD 4.025 Compensation for public representation after case commenced by retained counsel {#sec-pd-4.025 omnilex-key=us-wi-regs-official--agency-pd--PD 4.025}

(1) Except as provided in sub. (3), if privately retained counsel is appointed by the state public defender under s. PD 2.07 (1), the total amount reimbursed by the state public defender to that attorney may not exceed an amount equal to the total number of hours shown by contemporaneous time records to have been reasonably expended on the case by that attorney multiplied by the rate the state public defender is authorized by statute to pay private attorneys, less any fees paid to the attorney by or on behalf of the client. The attorney’s expenses are not included in the computation of the maximum amount reimbursable by the state public defender.

(2)

(a) Fees, if any, paid by or on behalf of the client shall first be applied to the period of legal representation prior to the effective date of assignment by the state public defender, using the number of hours shown by contemporaneous time records to have been reasonably expended on the case by that attorney during that period multiplied by the rate the state public defender is authorized by statute to pay private attorneys.

(b) Any fees received by the attorney from or on behalf of the client in excess of the amount calculated under par. (a) shall be applied to the period of representation after the effective date of assignment by the state public defender and subtracted from the total amount reimbursable by the state public defender under sub. (1).

(3) The state public defender may, in his or her discretion, use a reasonable hourly rate that is greater than the amount authorized by statute to compute the allowable fees calculated under sub. (2) (a) for the period of representation prior to assignment by the state public defender, if all of the following apply:

(a) The privately retained attorney had a written fee agreement which was signed by the client at the beginning of the attorney’s representation;

(b) The attorney had a reasonable expectation of being paid fully for representation of the client at the beginning of the representation, and that expectation is supported by the written fee agreement;

(d) The state public defender finds that the fee paid to the attorney by or on behalf of the client prior to the appointment of publicly compensated counsel was reasonable.

(4) The amount reimbursed by the state public defender may not exceed the amount computed by multiplying the rate the state public defender is authorized by statute to pay times the number of hours actually expended by the attorney in this representation after the effective date of assignment by the state public defender.

Note: The state public defender board presumes access to the attorney’s contemporaneous time records of the case as necessary to implement s. PD 4.025.

History

Cr. Register, April, 1990, No. 412, eff. 5-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

Wis. Admin. Code § PD 4.03 Appeal {#sec-pd-4.03 omnilex-key=us-wi-regs-official--agency-pd--PD 4.03}

(1) Any attorney may appeal the state public defender’s reduction or denial of any submitted bill. An appeal shall conform with all of the following:

(a) Notice of the appeal is in writing.

(b) Notice is submitted within 30 days of the receipt of the reduced or denied payment.

Note: The mailing address and email for service are 17 S. Fairchild St., 5th Floor, Madison, WI 53703, SPDBoardStaff@opd.wi.gov.

(2) Failure to submit an appeal notice within 30 days shall bar the appeal.

(3) During the pendency of the appeal the attorney may negotiate the check for the reduced or denied payment without waiver of the right to appeal.

(4) Upon receipt of an appeal letter, the state public defender shall place the matter on the agenda of the next state public defender board meeting unless that meeting is less than 10 days from the receipt of the appeal letter, in which case the matter may be scheduled for the following meeting. The state public defender shall, at least 10 days prior to hearing, inform the attorney of the time and place of the board meeting at which the appeal will be considered.

(5) The attorney may request that the state public defender reproduce and submit to the board material relevant to the appeal. The hearing before the board shall be considered a “class 3” proceeding and is governed by ss. 227.44 to 227.46, Stats.

(5m)

(b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.

(c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03, Stats.

(6) The state public defender board may deliberate the matter in executive session pursuant to the provisions of s. 19.85 (1) (a), Stats. The board shall issue a written decision either affirming or modifying the decision of the state public defender. The written decision shall be mailed to the attorney within 20 days of the board meeting and shall be signed by an officer of the board.

(7) The board’s written decision shall constitute findings of fact and conclusions of law within the meaning of s. 227.10, Stats.

(8) In the event the board increases the amount to be paid to the attorney,the state public defender shall immediately authorize payment and request that the state treasurer issue the payment as soon as possible.

History

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), (3), (4) and (6), Register, November, 1984, No. 347, eff. 12-1-84; am. (1), renum. (2) to (6) to be (4) to (8), cr. (2) and (3), Register April, 1990, No. 412, eff. 5-1-90; correction in (5) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1990, No 412; emerg. am. (1) (intro.) and (b), eff. 6-14-95; am. (1) (intro.) (b) and (3), Register, October, 1995, No. 478, eff. 11-1-95; CR 24-042: am. (1) (a) to (c), cr. (5m), (5r), (7m) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § PD 4.04 Attorney compensation from client prohibited {#sec-pd-4.04 omnilex-key=us-wi-regs-official--agency-pd--PD 4.04}

An attorney representing clients for the state public defender program may not solicit, attempt to solicit, or receive compensation from the attorney’s client in addition to any compensation which the attorney has received or expects to receive from the state public defender pursuant to this chapter.

History

Cr. Register, November, 1984, No. 347, eff. 12-1-84.

Wis. Admin. Code § PD 4.05 Private bar emergency rate reduction {#sec-pd-4.05 omnilex-key=us-wi-regs-official--agency-pd--PD 4.05}

(1) The state public defender board may reduce the payment rates under s. 977.08 (4m), Stats., by not more that $2 per hour, for either or both of the following:

(a) For time spent in-court.

(b) For time spent out-of-court, excluding travel.

(2) The board may not reduce payment rates unless, after reasonable notice and an opportunity for hearing, the board determines that:

(a) A quarterly report prepared pursuant to s. 977.085, Stats., projects that money appropriated to s. 20.550 (1), Stats., will be depleted prior to the end of the current fiscal year or biennium;

(b) A reduction in payment rates would substantially reduce the projected deficit during the current fiscal year or biennium; and

(c) A reduction in payment rates would not significantly decrease the availability of private attorneys to represent indigent clients under s. 977.08, Stats.

(3) The board may consider other factors, in addition to the prerequisites set forth in sub. (2), in determining whether a rate reduction is appropriate.

(4) The reduction in rates under sub. (1) shall apply only to cases assigned after notice of the board’s action is provided to private attorneys who are listed under s. 977.08 (3), Stats.

(5) If the board orders a reduction in rates, it shall review the need for a continuing reduction at least once every 2 months after the date of the reduction.

(6) Upon review, the board may, in its discretion, terminate the reduction in rates.

(7) Upon review, the board must terminate the reduction in rates if it is determined that funds under s. 20.550 (1), Stats., will not be depleted before the end of the fiscal year or biennium.

History

Cr. Register, April, 1990, No. 412, eff. 5-1-90; correction in (2) (a), (7) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

Wis. Admin. Code § PD 4.06 Annual attorney hours {#sec-pd-4.06 omnilex-key=us-wi-regs-official--agency-pd--PD 4.06}

(1) Beginning in calendar year 1995, the state public defender may only reimburse a private attorney for 2080 hours worked in a single calendar year. This rule applies regardless of the year in which the bill for legal services is presented.

(2) An attorney who predicts, based on current and foreseeable workload, that exceptional circumstances will cause his or her billable hours in any calendar year to exceed 2080, may seek advance approval from the state public defender board for payment of additional hours. An application for advance approval must be made in writing, and must include an itemization of hours billed in the calendar year, an itemization of hours worked on pending cases, and the exceptional circumstances justifying payment for excess hours.

(3) An attorney who is denied payment for hours worked under sub. (1) may appeal to the state public defender board, pursuant to the procedures set forth in s. PD 4.03, for a review of the denial of payment. Such appeal must include documentation of the exceptional circumstance justifying payment.

History

Emerg. cr. 4.06 eff. 6-14-95; cr. Register, October, 1995, No. 478, eff. 11-1-95.

Chapter PD 5 ADVERSARY REPRESENTATION

Wis. Admin. Code § PD 5.01 Definitions {#sec-pd-5.01 omnilex-key=us-wi-regs-official--agency-pd--PD 5.01}

In this chapter:

(1) “SPD attorney” means a SPD staff attorney who is assigned to a case or any private bar attorney who is appointed to a case by the SPD.

(2) “Stand-by counsel” means an attorney who has been appointed by a judge to assist him or her in a criminal action because the defendant in the action has elected to proceed pro se.

History

Cr. Register, January, 1992, No. 433, eff 2-1-92.

Wis. Admin. Code § PD 5.02 Adversary representation {#sec-pd-5.02 omnilex-key=us-wi-regs-official--agency-pd--PD 5.02}

(1) Except as provided in sub. (2), all SPD attorneys shall act as adversary counsel in their representation of indigent clients.

(2) Nothing in this section shall prohibit the state public defender or his or her designee from authorizing a SPD attorney to file an amicus brief.

History

Cr. Register, January, 1992, No. 433, eff 2-1-92.

Wis. Admin. Code § PD 5.03 Prohibition against acting as stand-by counsel {#sec-pd-5.03 omnilex-key=us-wi-regs-official--agency-pd--PD 5.03}

(1) No SPD attorney may act as stand-by counsel in any case.

(2) This prohibition applies whether or not the SPD attorney was originally providing adversary representation in the case.

History

Cr. Register, January, 1992, No. 433, eff. 2-1-92.

Chapter PD 6 PAYMENT FOR STATE PUBLIC DEFENDER REPRESENTATION

Wis. Admin. Code § PD 6.01 Payment for legal representation {#sec-pd-6.01 omnilex-key=us-wi-regs-official--agency-pd--PD 6.01}

Except as provided in ss. PD 6.02 to 6.055, a person who is responsible for payment for legal representation provided by the state public defender shall contribute to the cost of the legal representation according to the following schedule:

History

Cr. Register, July, 1995, No. 475, eff. 8-1-95; emerg. r. and recr. eff. 8-31-95; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; CR 04-038: am. Register August 2005 No. 596, eff. 9-1-05; CR 09-068: am. Register May 2010 No. 653, eff. 6-1-10; CR 10-134: am. Register April 2011 No. 664, eff. 6-19-11; CR 13-049: am. Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PD 6.015 Written notice of payment obligation for legal representation {#sec-pd-6.015 omnilex-key=us-wi-regs-official--agency-pd--PD 6.015}

(1) The state public defender shall provide the following information in writing to all persons subject to payment for legal representation under s. 977.075 (1g), Stats.:

(a) The optional discount amount in s. PD 6.02.

(b) The maximum amount the person may be required to pay under the applicable fee schedule in s. PD 6.01.

(d) The procedure to request a determination of ability to pay.

(2) Written notice is sufficient under this section if mailed to the person’s last known address.

History

Emerg. cr. eff. 11-20-95; cr. Register, March, 1996, No. 483, eff. 4-1-96; CR 10-134: am. (title), (1) (a), (b), (c) Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.02 Discount option {#sec-pd-6.02 omnilex-key=us-wi-regs-official--agency-pd--PD 6.02}

(1) A client may elect to pay, within 60 days of appointment of counsel by the state public defender, the optional discount amount for representation specified in the following schedule:

(2) If a client pays the optional discount amount under sub. (1), the client is not liable for any additional payment for public defender legal counsel for that case.

(3) The 60 day time period in sub. (1) may be extended for good cause.

History

Emerg. cr. eff. 8-31-95; cr. Register, February, 1996, No. 482, eff. 3-1-96; CR 02-031: am. (1), Register July 2002 No. 559, eff. 8-1-02; CR 04-038: am. (1) Register August 2005 No. 596, eff. 9-1-05; CR 09-068: am. (1) Register May 2010 No. 653, eff. 6-1-10; CR 10-134: am. (title), (1), (2), cr. (3) Register April 2011 No. 664, eff. 6-19-11; CR 13-049: am. (1) Register January 2014 No. 697, eff. 2-1-14.

Wis. Admin. Code § PD 6.025 Determination of ability to pay {#sec-pd-6.025 omnilex-key=us-wi-regs-official--agency-pd--PD 6.025}

(1) The state public defender shall determine whether persons subject to payment for legal representation have the ability to pay all, or part of, the costs of representation. A person has the ability to pay some amount to these costs if the person has gross income in excess of the federal poverty guidelines, as defined in 42 U.S.C. s. 9902 (2) (2011) or has assets treated under s. PD 3.03 (2) as available to pay the costs of legal representation. The state public defender may defer the determination of ability to pay until after the time period for payment of the optional discount amount specified in s. PD 6.02 has expired.

(2) The state public defender may determine that a person has the ability to pay under any of the following circumstances:

(a) The person has gross income exceeding 115% of the federal poverty guidelines, as defined in 42 U.S.C. s. 9902 (2) (2011) or has assets treated under s. PD 3.03 (2) as available to pay the costs of legal representation.

(b) The person does not notify the state public defender by the date specified in the notice sent to them under s. PD 6.015 that they are unable to pay the specified periodic payments.

(c) The person does not comply with a request of the state public defender for information necessary to verify their financial circumstances.

(3) The state public defender may periodically review a person’s ability to pay and may rely upon information obtained from employment and tax records to determine ability to pay. When a person originally unable to pay for legal representation is later determined to have the ability to pay, the state public defender shall send notice of a periodic payment schedule to the person’s last known address.

(4) This section does not apply to persons subject to reimbursement under s. PD 6.05 or 6.055.

History

Emerg. cr. eff. 11-20-95; cr. Register, March, 1996, No. 483, eff. 4-1-96; CR 04-038: r. (2) (a), renum. (2) (b) to (d) to be (2) (a) to (c) Register August 2005 No. 596, eff. 9-1-05; CR 09-068: cr. (4) Register May 2010 No. 653, eff. 6-1-10; CR 10-134: am (1), (2) (a), (3) Register April 2011 No. 664, eff. 6-19-11; correction in (2) (a) made under s. 13.92 (4) (b) 4., Stats., Register April 2011 No. 664; CR 12-018: am. (1), (2) (a) Register July 2013 No. 691, eff. 8-1-13.

(1) If multiple related charges for one client are issued on separate complaints, the state public defender may waive the reimbursement fee for cases opened under any of the following circumstances:

(a) The multiple complaints allege the issuance of forged or worthless checks on the same account and within a period of three months or less.

(b) The multiple complaints allege offenses arising out of a single incident.

(2) The reimbursement fee for a case opened based on a reissuance of a criminal complaint previously dismissed is waived.

(3) Waiver of reimbursement fees under this section applies both to the reimbursement fee under s. PD 6.01 and the optional discount amount under s. PD 6.02.

History

Emerg. cr. eff. 8-31-95; cr. Register, February, 1996, No. 482, eff. 3-1-96; CR 10-134: am. (1) (intro.), (3) Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.04 Multiple appointments on the same case {#sec-pd-6.04 omnilex-key=us-wi-regs-official--agency-pd--PD 6.04}

When the same case results in multiple state public defender appointments of counsel for a client for any of the following reasons, the client shall not be charged an additional fee for the case:

(1) The case was reassigned for administrative reasons or because of a conflict of interest.

(2) The client requested substitution of counsel.

(3) The client retained a private attorney who withdrew before completion of the case.

(4) The client was granted a new trial after the judgment was vacated on ineffective assistance of counsel grounds.

History

Emerg. cr. eff. 8-31-95; cr. Register, February, 1996, No. 482, eff. 3-1-96; cr. (5), Register, June, 1999, No. 522, eff. 7-1-99; CR 10-134: am. (intro.), r. (2), renum. (3), (4), (5) to be (2), (3), (4) and am. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.045 Reimbursement from clients with changed circumstances {#sec-pd-6.045 omnilex-key=us-wi-regs-official--agency-pd--PD 6.045}

(1) The state public defender may, subject to s. 977.075 (3m), Stats., assess a payment amount in excess of the applicable amount in s. PD 6.01 if the client is responsible for payment under s. 977.075, Stats., and after counsel is appointed by the state public defender, does not meet the financial criteria specified in s. PD 3.03.

(2) In assessing a payment amount under sub. (1), the state public defender shall consider the costs of providing the client with representation and the point in the applicable proceeding at which the client no longer met the financial criteria specified in s. PD 3.03.

History

CR 10-134: cr. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.05 Reimbursement from parents of juveniles {#sec-pd-6.05 omnilex-key=us-wi-regs-official--agency-pd--PD 6.05}

(1) Pursuant to ss. 48.275 (2) (b) and 938.275 (2) (b), Stats., when the court orders reimbursement by the parent of a juvenile, the amount of the reimbursement shall be the amount specified in the fee schedule in s. PD 6.01, subject to the following:

(a) The parent may request, within 30 days of the reimbursement order, that the state public defender determine whether the parent is indigent. If the parent does not make this request or if the parent is determined not to be indigent, the reimbursement shall be the amount specified in the fee schedule in s. PD 6.01.

(b) If the parent is determined to be partially indigent pursuant to s. PD 3.03 (7), the reimbursement shall not exceed 25% of the amount specified in the applicable schedule in s. PD 6.01. If the parent is determined to be indigent, no reimbursement shall be assessed.

(2) The state public defender shall report to the court that ordered reimbursement the result of the indigency determination and the amount of the reimbursement to be assessed.

(3) If reimbursement by both parents is ordered, the parents are jointly and severally liable for the obligation. The maximum amount for which both parents are obligated is the amount of the reimbursement under s. PD 6.01.

History

Emerg. cr. eff. 8-31-95; cr. Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) (intro.) made under s. 13.93 (2m) (b), 7., Stats., Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (b), Register, April, 1997, No. 496, eff. 5-1-97; CR 10-134: am. Register April 2011 No. 664, eff. 6-19-11; correction in (1) (b) made under s. 13.92 (4) (b) 4., Stats., Register April 2011 No. 664.

Wis. Admin. Code § PD 6.055 Reimbursement from persons represented in civil commitment or chapter 55 proceedings {#sec-pd-6.055 omnilex-key=us-wi-regs-official--agency-pd--PD 6.055}

(1) Except as provided in sub. (2), when the court orders reimbursement under s. 51.605 (1) or 55.107 (1), Stats., from a person for whom the state public defender has appointed an attorney in a proceeding under ch. 51 or 55, Stats., the amount of the reimbursement shall be the amount specified in the schedule in s. PD 6.01 for a commitment, if the case was filed under ch. 51, Stats., or for a ch. 55, Stats., case, whichever is applicable.

(2) Upon the court’s request at or after the conclusion of the proceedings, the state public defender shall conduct a determination of indigency and report the results of the determination to the court.

(a) If the state public defender is unable to obtain the necessary financial information or if the person is determined not to be indigent, the reimbursement shall not exceed the amount specified in the applicable schedule in s. PD 6.01.

(b) If the person is determined to be partially indigent as provided in s. PD 3.03 (8), the reimbursement shall not exceed 25% of the amount specified in the applicable schedule in s. PD 6.01.

History

CR 09-068: cr. Register May 2010 No. 653, eff. 6-1-10; am. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.06 Referral to department of administration {#sec-pd-6.06 omnilex-key=us-wi-regs-official--agency-pd--PD 6.06}

The state public defender shall refer to the department of administration a collection account of a person who has been determined able to pay, has not paid the optional discount amount, has been given a monthly payment schedule and has missed a monthly payment by more than 10 days.

History

Emerg. cr. eff. 11-20-95; cr. Register, March, 1996, No. 483, eff. 4-1-96; CR 10-134: am. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.07 Representation regarding payment of attorney fees {#sec-pd-6.07 omnilex-key=us-wi-regs-official--agency-pd--PD 6.07}

The state public defender shall not provide representation to a person on the issue of the payment amount owed to the state public defender.

History

Emerg. cr. eff. 11-20-95; cr. Register, March, 1996, No. 483, eff. 4-1-96; CR 10-134: am. Register April 2011 No. 664, eff. 6-19-11.

Wis. Admin. Code § PD 6.08 Reports on status of collections {#sec-pd-6.08 omnilex-key=us-wi-regs-official--agency-pd--PD 6.08}

The state public defender shall submit quarterly reports to the joint committee on finance and to the department of administration regarding the collection of payments ordered under ss. 48.275 (2), 51.605, 55.107, 757.66, 938.275, 977.06, 977.075, and 977.076, Stats. These reports shall include the amount collected and the amount of accounts receivable referred to the department of administration during each reporting period.

History

Emerg. cr. eff. 11-20-95; cr. Register, March, 1996, No. 483, eff. 4-1-96; CR 09-068: am. Register May 2010 No. 653, eff. 6-1-10; correction made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.

Chapter PD 8 DISCOVERY PAYMENTS

Wis. Admin. Code § PD 8.01 Scope of chapter on discovery payments {#sec-pd-8.01 omnilex-key=us-wi-regs-official--agency-pd--PD 8.01}

(1) In this chapter, “discovery materials” means the materials and information that a district attorney or other prosecuting attorney is required to disclose by ss. 971.23 and 980.036, Stats., or by the constitution and laws of this state or the United States.

(2) This chapter applies to all discovery materials provided to any attorney appointed by the state public defender, staff or private, whether or not the attorney has filed a demand for discovery or made any other formal request for discovery materials.

History

EmR0926: emerg. cr. eff. 10-3-09; CR 10-022: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § PD 8.02 Maximum rates for copies of discovery materials {#sec-pd-8.02 omnilex-key=us-wi-regs-official--agency-pd--PD 8.02}

(1) The following rates are the maximum fees that the state public defender may pay for copies of discovery materials in any case or proceeding in which the state public defender appoints counsel:

(a) For paper copies of written or printed materials, $0.20 per single-sided page, or $0.35 per double-sided page.

(b) For copies of digital videodiscs (DVDs), digital audio recordings, and compact discs (CDs), $5.00 per disc.

(c) For copies of photographs, $0.50 per print for a print that is 5x7 inches or less, and $1.00 per print for all others.

(d) For copies of videocassette recorder (VCR) tapes and audio cassette tapes, $5.00 per recording.

(2) The state public defender may not pay a fee for ancillary expenses related to the provision of discovery materials, including fees for the following:

(a) Labor costs, postage, shipping, equipment costs, or other costs that would result in a fee exceeding the amount specified in sub. (1).

(b) Compiling, preparing, reviewing, or transmitting paper or electronic documents.

(d) Items that the state public defender has advised the provider not to include within discovery materials.

(3) Except as provided in sub. (2), the state public defender may establish temporary maximum fees for copies of discovery materials in formats not specified in sub. (1). The state public defender shall report any fees established under this subsection to the board, which may consider promulgating rules to revise the rates in sub. (1).

History

EmR0926: emerg. cr. eff. 10-3-09; CR 10-022: cr. Register July 2010 No. 655, eff. 8-1-10.

Wis. Admin. Code § PD 8.03 Temporary reduction or suspension of payment when appropriation for discovery is insufficient {#sec-pd-8.03 omnilex-key=us-wi-regs-official--agency-pd--PD 8.03}

(1) When the appropriation under s. 20.550 (1), Stats., that includes funds for payments under this chapter is insufficient to pay for copies of all the discovery materials that the state public defender anticipates will be required during the biennial budget period, the state public defender may temporarily reduce or suspend payments.

(2) The state public defender shall notify the affected discovery provider of the nature and anticipated duration of any reduction or suspension of payment under sub. (1).

(3) If the appropriation specified in sub. (1) was insufficient in two consecutive fiscal years to pay for all discovery materials that the state public defender required, the state public defender shall report the insufficiency to the board, which may consider promulgating rules to revise the rates in s. PD 8.02.

History

EmR0926: emerg. cr. eff. 10-3-09; CR 10-022: cr. Register July 2010 No. 655, eff. 8-1-10; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

Wis. Admin. Code PD — Public Defender Board

Chapter PD 1 CERTIFICATION

Wis. Admin. Code § PD 1.01 Annual review {#sec-pd-1.01 omnilex-key=us-wi-regs-official--agency-pd--PD 1.01}

Wis. Admin. Code § PD 1.02 Certification of newly admitted attorneys {#sec-pd-1.02 omnilex-key=us-wi-regs-official--agency-pd--PD 1.02}

Wis. Admin. Code § PD 1.03 Certification application and decisions {#sec-pd-1.03 omnilex-key=us-wi-regs-official--agency-pd--PD 1.03}

Wis. Admin. Code § PD 1.035 Requirements for certification {#sec-pd-1.035 omnilex-key=us-wi-regs-official--agency-pd--PD 1.035}

Wis. Admin. Code § PD 1.037 Provisional certification {#sec-pd-1.037 omnilex-key=us-wi-regs-official--agency-pd--PD 1.037}

Wis. Admin. Code § PD 1.04 Certification lists {#sec-pd-1.04 omnilex-key=us-wi-regs-official--agency-pd--PD 1.04}

Wis. Admin. Code § PD 1.05 Appeal of certification decisions {#sec-pd-1.05 omnilex-key=us-wi-regs-official--agency-pd--PD 1.05}

Wis. Admin. Code § PD 1.07 Voluntary removal {#sec-pd-1.07 omnilex-key=us-wi-regs-official--agency-pd--PD 1.07}

Wis. Admin. Code § PD 1.075 Inactive status {#sec-pd-1.075 omnilex-key=us-wi-regs-official--agency-pd--PD 1.075}

Wis. Admin. Code § PD 1.08 Access to files {#sec-pd-1.08 omnilex-key=us-wi-regs-official--agency-pd--PD 1.08}

Chapter PD 2 ASSIGNMENT PROCEDURE

Wis. Admin. Code § PD 2.01 Definitions {#sec-pd-2.01 omnilex-key=us-wi-regs-official--agency-pd--PD 2.01}

Wis. Admin. Code § PD 2.02 Emergency assignment procedure {#sec-pd-2.02 omnilex-key=us-wi-regs-official--agency-pd--PD 2.02}

Wis. Admin. Code § PD 2.03 Regular assignment procedure {#sec-pd-2.03 omnilex-key=us-wi-regs-official--agency-pd--PD 2.03}

Wis. Admin. Code § PD 2.04 Person’s right to refuse specific attorney {#sec-pd-2.04 omnilex-key=us-wi-regs-official--agency-pd--PD 2.04}

Wis. Admin. Code § PD 2.05 Conflict cases {#sec-pd-2.05 omnilex-key=us-wi-regs-official--agency-pd--PD 2.05}

Wis. Admin. Code § PD 2.06 Counties in which private counsel may be assigned trial division cases {#sec-pd-2.06 omnilex-key=us-wi-regs-official--agency-pd--PD 2.06}

Wis. Admin. Code § PD 2.07 Public representation after case commenced by retained counsel {#sec-pd-2.07 omnilex-key=us-wi-regs-official--agency-pd--PD 2.07}

Wis. Admin. Code § PD 2.08 Court’s right to review indigency determination {#sec-pd-2.08 omnilex-key=us-wi-regs-official--agency-pd--PD 2.08}

Wis. Admin. Code § PD 2.09 Special types of representation {#sec-pd-2.09 omnilex-key=us-wi-regs-official--agency-pd--PD 2.09}

Wis. Admin. Code § PD 2.10 Written notice of assignment {#sec-pd-2.10 omnilex-key=us-wi-regs-official--agency-pd--PD 2.10}

Wis. Admin. Code § PD 2.11 Appellate representation {#sec-pd-2.11 omnilex-key=us-wi-regs-official--agency-pd--PD 2.11}

Wis. Admin. Code § PD 2.12 Investigative and expert services for private attorneys {#sec-pd-2.12 omnilex-key=us-wi-regs-official--agency-pd--PD 2.12}

Wis. Admin. Code § PD 2.13 Staff attorney representation of non-indigent clients {#sec-pd-2.13 omnilex-key=us-wi-regs-official--agency-pd--PD 2.13}

Chapter PD 3 INDIGENCY CRITERIA

Wis. Admin. Code § PD 3.01 General rule {#sec-pd-3.01 omnilex-key=us-wi-regs-official--agency-pd--PD 3.01}

Wis. Admin. Code § PD 3.015 Verification {#sec-pd-3.015 omnilex-key=us-wi-regs-official--agency-pd--PD 3.015}

Wis. Admin. Code § PD 3.02 Cost of retained counsel {#sec-pd-3.02 omnilex-key=us-wi-regs-official--agency-pd--PD 3.02}

Wis. Admin. Code § PD 3.03 Determination of financial eligibility {#sec-pd-3.03 omnilex-key=us-wi-regs-official--agency-pd--PD 3.03}

Wis. Admin. Code § PD 3.04 Information provided to applicants {#sec-pd-3.04 omnilex-key=us-wi-regs-official--agency-pd--PD 3.04}

Wis. Admin. Code § PD 3.05 Certified statement {#sec-pd-3.05 omnilex-key=us-wi-regs-official--agency-pd--PD 3.05}

Wis. Admin. Code § PD 3.055 Voluntary termination of employment or disposal of assets {#sec-pd-3.055 omnilex-key=us-wi-regs-official--agency-pd--PD 3.055}

Wis. Admin. Code § PD 3.06 Access to financial evaluations {#sec-pd-3.06 omnilex-key=us-wi-regs-official--agency-pd--PD 3.06}

Wis. Admin. Code § PD 3.07 Change of circumstances {#sec-pd-3.07 omnilex-key=us-wi-regs-official--agency-pd--PD 3.07}

Chapter PD 4 PRIVATE ATTORNEY PAYMENT

Wis. Admin. Code § PD 4.01 Billing form {#sec-pd-4.01 omnilex-key=us-wi-regs-official--agency-pd--PD 4.01}

Wis. Admin. Code § PD 4.02 Submission of bill {#sec-pd-4.02 omnilex-key=us-wi-regs-official--agency-pd--PD 4.02}

Wis. Admin. Code § PD 4.025 Compensation for public representation after case commenced by retained counsel {#sec-pd-4.025 omnilex-key=us-wi-regs-official--agency-pd--PD 4.025}

Wis. Admin. Code § PD 4.03 Appeal {#sec-pd-4.03 omnilex-key=us-wi-regs-official--agency-pd--PD 4.03}

Wis. Admin. Code § PD 4.04 Attorney compensation from client prohibited {#sec-pd-4.04 omnilex-key=us-wi-regs-official--agency-pd--PD 4.04}

Wis. Admin. Code § PD 4.05 Private bar emergency rate reduction {#sec-pd-4.05 omnilex-key=us-wi-regs-official--agency-pd--PD 4.05}

Wis. Admin. Code § PD 4.06 Annual attorney hours {#sec-pd-4.06 omnilex-key=us-wi-regs-official--agency-pd--PD 4.06}

Chapter PD 5 ADVERSARY REPRESENTATION

Wis. Admin. Code § PD 5.01 Definitions {#sec-pd-5.01 omnilex-key=us-wi-regs-official--agency-pd--PD 5.01}

Wis. Admin. Code § PD 5.02 Adversary representation {#sec-pd-5.02 omnilex-key=us-wi-regs-official--agency-pd--PD 5.02}

Wis. Admin. Code § PD 5.03 Prohibition against acting as stand-by counsel {#sec-pd-5.03 omnilex-key=us-wi-regs-official--agency-pd--PD 5.03}

Chapter PD 6 PAYMENT FOR STATE PUBLIC DEFENDER REPRESENTATION

Wis. Admin. Code § PD 6.01 Payment for legal representation {#sec-pd-6.01 omnilex-key=us-wi-regs-official--agency-pd--PD 6.01}

Wis. Admin. Code § PD 6.015 Written notice of payment obligation for legal representation {#sec-pd-6.015 omnilex-key=us-wi-regs-official--agency-pd--PD 6.015}

Wis. Admin. Code § PD 6.02 Discount option {#sec-pd-6.02 omnilex-key=us-wi-regs-official--agency-pd--PD 6.02}

Wis. Admin. Code § PD 6.025 Determination of ability to pay {#sec-pd-6.025 omnilex-key=us-wi-regs-official--agency-pd--PD 6.025}

Wis. Admin. Code § PD 6.03 Multiple related charges {#sec-pd-6.03 omnilex-key=us-wi-regs-official--agency-pd--PD 6.03}

Wis. Admin. Code § PD 6.04 Multiple appointments on the same case {#sec-pd-6.04 omnilex-key=us-wi-regs-official--agency-pd--PD 6.04}

Wis. Admin. Code § PD 6.045 Reimbursement from clients with changed circumstances {#sec-pd-6.045 omnilex-key=us-wi-regs-official--agency-pd--PD 6.045}

Wis. Admin. Code § PD 6.05 Reimbursement from parents of juveniles {#sec-pd-6.05 omnilex-key=us-wi-regs-official--agency-pd--PD 6.05}

Wis. Admin. Code § PD 6.055 Reimbursement from persons represented in civil commitment or chapter 55 proceedings {#sec-pd-6.055 omnilex-key=us-wi-regs-official--agency-pd--PD 6.055}

Wis. Admin. Code § PD 6.06 Referral to department of administration {#sec-pd-6.06 omnilex-key=us-wi-regs-official--agency-pd--PD 6.06}

Wis. Admin. Code § PD 6.07 Representation regarding payment of attorney fees {#sec-pd-6.07 omnilex-key=us-wi-regs-official--agency-pd--PD 6.07}

Wis. Admin. Code § PD 6.08 Reports on status of collections {#sec-pd-6.08 omnilex-key=us-wi-regs-official--agency-pd--PD 6.08}

Chapter PD 8 DISCOVERY PAYMENTS

Wis. Admin. Code § PD 8.01 Scope of chapter on discovery payments {#sec-pd-8.01 omnilex-key=us-wi-regs-official--agency-pd--PD 8.01}

Wis. Admin. Code § PD 8.02 Maximum rates for copies of discovery materials {#sec-pd-8.02 omnilex-key=us-wi-regs-official--agency-pd--PD 8.02}

Wis. Admin. Code § PD 8.03 Temporary reduction or suspension of payment when appropriation for discovery is insufficient {#sec-pd-8.03 omnilex-key=us-wi-regs-official--agency-pd--PD 8.03}

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