Wisconsin Administrative Code

PD 2.11 Appellate representation. (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 p…

PD 2.12 Investigative and expert services for private attorneys. (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 …

PD 2.13 Staff attorney representation of non-indigent clients. 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 atto…

PD 3.01 General rule. 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. 664, eff. 6-19-11.

PD 3.015 Verification. 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…

PD 3.02 Cost of retained counsel. (1) The anticipated cost of retaining counsel shall be determined by this schedule: 1st degree intentional homicide $17,500 Appellate category I $9,000 Appellate category II $4,500 Other class A/B/C felony $5,000 Ch. 980 Original petition $6,000 …

PD 3.03 Determination of financial eligibility. (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…

PD 3.04 Information provided to applicants. 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 i…

PD 3.05 Certified statement. (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…

PD 3.055 Voluntary termination of employment or disposal of assets. (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 pub…

PD 3.06 Access to financial evaluations. (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…

PD 3.07 Change of circumstances. (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 …

PD 4.01 Billing form. 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 lis…

PD 4.02 Submission of bill. (1) In this section, Xconclusion of the caseY 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 at…

PD 4.025 Compensation for public representation after case commenced by retained counsel. (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 …

PD 4.03 Appeal. (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 de…

PD 4.04 Attorney compensation from client prohibited. An attorney representing clients for the state public defender program may not solicit, attempt to solicit, or receive com- 2 pensation from the attorney[s client in addition to any compensation which the attorney has received…

PD 4.05 Private bar emergency rate reduction. (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 …

PD 4.06 Annual attorney hours. (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 …

PD 5.01 Definitions. In this chapter: (1) XSPD attorneyY 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) XStand-by counselY means an attorney who has been appointed by a judge to assist him or her in a cr…

PD 5.02 Adversary representation. (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 a…

PD 5.03 Prohibition against acting as stand-by counsel. (1) No SPD attorney may act as stand-by counsel in any case. the chapter was last published. PD 5.03 WISCONSIN ADMINISTRATIVE CODE 2 (2) This prohibition applies whether or not the SPD attorney was originally providing adver…

PD 6.01 Payment for legal representation. 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 schedul…

PD 6.015 Written notice of payment obligation for legal representation. (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 Discount option. (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: Type of Case Amount First Degree Intentional Homicide $600 Misdemean…

PD 6.025 Determination of ability to pay. (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 …

PD 6.03 Multiple related charges. (1) If multiple related charges for one client are issued on separate complaints, the the chapter was last published. PD 6.03 WISCONSIN ADMINISTRATIVE CODE state public defender may waive the reimbursement fee for cases opened under any of the fo…

PD 6.04 Multiple appointments on the same case. 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 admi…

PD 6.045 Reimbursement from clients with changed circumstances. (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 a…

PD 6.05 Reimbursement from parents of juveniles. (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, subje…

PD 6.055 Reimbursement from persons represented in civil commitment or chapter 55 proceedings. (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 atto…

PD 6.06 Referral to department of administration. 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 a…

PD 6.07 Representation regarding payment of attorney fees. The state public defender shall not provide representation to a person on the issue of the payment amount owed to the state public defender.

PD 6.08 Reports on status of collections. 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,…

PD 8.01 Scope of chapter on discovery payments. (1) In this chapter, Xdiscovery materialsY 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…

PD 8.02 Maximum rates for copies of discovery materials. (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 wr…

PD 8.03 Temporary reduction or suspension of payment when appropriation for discovery is insufficient. (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…

PI 1.01 Purpose and applicability. (1) PURPOSE. Under s. 115.28 (5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a …

PI 1.02 Definitions. In this chapter: (1) XAppealY means an application to the state superintendent, as provided by statute or rule, to review a decision by the department or a local education agency. (2) XComplaintY means an allegation of wrongdoing filed with the state superint…

PI 1.03 Receipt and filing of complaints and appeals. (1) All complaints and appeals shall be filed in writing specifying the grounds upon which the action is brought, the facts, and any relief sought. Complaints and appeals shall be signed by the complainant or appellant or the …

PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures that the state superintendent determines to be a…

PI 1.05 Investigations. (1) If the state superintendent determines under s. PI 1.04 (3) to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate. (2) The state superintendent may determine …

PI 1.06 Mediation. (1) Prior to holding a hearing regarding a complaint or an appeal, the state superintendent may attempt to resolve the matter through mediation if the parties agree. The state superintendent shall appoint the mediator. If the parties agree to a negotiated settl…

PI 1.07 Hearings. (1) WHEN HELD. The state superintendent shall conduct a hearing when required by the statute or rule under which the complaint or appeal is filed or when required under s. 227.42, Stats. The state superintendent may conduct a hearing in other matters if he or sh…

PI 1.08 Decision. Following the hearing of a contested case under ch. 227, Stats., and when otherwise required by statute or rule, the decision of the state superintendent or hearing examiner shall be in writing stating separate findings of fact and conclusions of law. The decisi…

PI 1.09 Withdrawal, failure to prosecute. (1) WITHDRAWAL. At any time prior to the issuance of a final decision, the complainant or appellant may withdraw the complaint or appeal in writing. Upon receiving such a request, the state superintendent shall issue an order dismissing t…

PI 1.10 Rights to further review. (1) Upon the request of either party, the state superintendent may reopen a complaint or appeal which was resolved informally or through mediation. If the state superintendent reopens the complaint or appeal, he or she shall determine which proce…

PI 1.11 Food and nutrition appeals. (1) APPLICABILITY. Notwithstanding ss. PI 1.03, 1.04, and 1.07, this section

PI 11.02 Definitions. In this chapter: (1) XAdequate fidelityY means the intervention has been applied in a manner highly consistent with its design, and was provided to the pupil at least 80 percent of the recommended number of weeks, sessions, and minutes per session. (1m) XChi…

PI 11.07 Transfer pupils. (1) DEFINITIONS. In this section Xtransfer pupil with a disabilityY means a child with a disability under the IDEA whose residence has changed from an LEA in this state to another LEA in this state or from a public agency in another state to an LEA in th…