Wisconsin Administrative Code

PD 1.02 Certification of newly admitted attorneys. 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 apply…

PD 1.03 Certification application and decisions. (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 …

PD 1.035 Requirements for certification. 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 attor…

PD 1.037 Provisional certification. (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 sect…

PD 1.04 Certification lists. 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 …

PD 1.05 Appeal of certification decisions. (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 …

PD 1.07 Voluntary removal. 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 1.075 Inactive status. (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 sha…

PD 1.08 Access to files. (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 attorne…

PD 2.01 Definitions. In this chapter: (1) XEmergency assignmentY means assignment of counsel outside of normal business hours or when regular assignment will not provide both effective and early representation. (2) XRegular assignmentY means any situation in which counsel is requ…

PD 2.02 Emergency assignment procedure. (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 attorn…

PD 2.03 Regular assignment procedure. (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 ap…

PD 2.04 Person[s right to refuse specific attorney. (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 m…

PD 2.05 Conflict cases. 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. 34…

PD 2.06 Counties in which private counsel may be assigned trial division cases. (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 …

PD 2.07 Public representation after case commenced by retained counsel. (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 p…

PD 2.08 Court[s right to review indigency determination. (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 determinat…

PD 2.09 Special types of representation. 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) Ext…

PD 2.10 Written notice of assignment. (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 p…

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…