Chapter 977, STATE PUBLIC DEFENDER

977.01 Definitions. In this chapter, unless the context requires otherwise: (1) “Board” means the public defender board. (2) “Public assistance” means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV o…

977.02 Board; duties. The board shall: (1) Appoint the state public defender and establish the state public defender’s salary under s. 20.923. (2) Submit the budget of the state public defender to the governor after such budget is submitted to the board by the state public defend…

977.03 Board; powers. (1) The board may remove the state public defender under s. 977.05 (2). The board may enter into contracts with federal governmental agencies and local public defender organizations for the provision of legal services under this chapter. (2) The board may pr…

977.04 Board; restrictions. The board shall not make any decision regarding the handling of any case nor interfere with the state public defender or any member of his or her staff in carrying out professional duties. History: 1977 c. 29.

977.05 State public defender. (1) APPOINTMENT. The board shall appoint a state public defender, who shall be a member of the State Bar of Wisconsin. The state public defender shall be appointed to serve at the pleasure of the board. He or she shall devote full time to the perform…

977.06 Indigency determinations; redeterminations; verification; collection. (1) DUTIES. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following: (a) Verify the information necessary to determine indigency und…

977.07 Determination of indigency. (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determinat…

977.075 Payment for legal representation. (1g) In this section, “client responsible for payment” means a client of the state public defender other than a client entitled to legal representation without a determination of indigency. (3) The board shall establish by rule a fee sche…

977.076 Collections. (1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payme…

977.077 Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20…

977.08 Appointment of counsel. (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, 938.23 (4), or 980.0…

977.085 Quarterly report procedure. (1) The board shall provide quarterly reports to the department of administration and the joint committee on finance regarding all of the following: (a) Private bar and staff case loads at the trial and appellate levels and expenditures of mone…

977.09 Confidentiality of files. The files maintained by the office of the state public defender which relate to the handling of any case shall be considered confidential and shall not be open to inspection by any person unless authorized by law, court order, the board or the sta…