LRB-1220/1
EAW:amn
2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of State Public
Defender. Referred to Committee on Judiciary.
AB23,1,5 1An Act to amend 809.30 (2) (d), 977.02 (3) (intro.), 977.05 (4) (gm), 977.05 (4) (h),
2977.06 (2) (a), 977.06 (2) (am), 977.07 (1) (a) and 977.07 (1) (c) of the statutes;
3relating to: the determination of indigency prior to the state public defender
4appointing an attorney to represent a parent in a proceeding under chapters 48
5and 938 (suggested as remedial legislation by the State Public Defender).
Analysis by the Legislative Reference Bureau
Under current law, the state public defender is required to appoint counsel to
a person entitled to representation under the Children's Code or the Juvenile Justice
Code without first determining whether the person is indigent and therefore eligible
for such an appointment. Under current law, indigency can be determined in these
cases after the eligible person is appointed an attorney. This bill specifies that a
determination of indigency is not required before the state public defender may
appoint an attorney to represent a child in a proceeding under the Children's Code
or the Juvenile Justice Code.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB23,1
1Section 1. 809.30 (2) (d) of the statutes is amended to read:
AB23,2,112 809.30 (2) (d) Indigency redetermination. Except as provided in this
3paragraph, whenever a person whose trial counsel is appointed by the state public
4defender files a notice under par. (b) requesting public defender representation for
5purposes of postconviction or postdisposition relief, the prosecutor may, within 5
6days after the notice is served and filed, file in the circuit court and serve upon the
7state public defender a request that the person's indigency be redetermined before
8counsel is appointed or transcripts are requested. This paragraph does not apply to
9a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or a
10person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), or
1155.105, or 938.23.
AB23,2 12Section 2. 977.02 (3) (intro.) of the statutes is amended to read:
AB23,2,2013 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency
14of persons entitled to be represented by counsel, other than children who are entitled
15to be represented by counsel under s. 48.23 or 938.23 or
persons who are entitled to
16be represented by counsel under s. 48.23, 51.60 , or 55.105, or 938.23, including the
17time period in which the determination must be made and the criteria to be used to
18determine indigency and partial indigency. The rules shall specify that, in
19determining indigency, the representative of the state public defender shall do all of
20the following:
AB23,3 21Section 3. 977.05 (4) (gm) of the statutes is amended to read:
AB23,3,322 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
23referrals from judges and courts for the provision of legal services without a
24determination of indigency of children who are entitled to be represented by counsel
25under s. 48.23 or 938.23 or
persons who are entitled to be represented by counsel

1under s. 48.23, 51.60, or 55.105, or 938.23, appoint counsel in accordance with
2contracts and policies of the board, and inform the referring judge or court of the
3name and address of the specific attorney who has been assigned to the case.
AB23,4 4Section 4. 977.05 (4) (h) of the statutes is amended to read:
AB23,3,115 977.05 (4) (h) Accept requests for legal services from children who are entitled
6to be represented by counsel under s. 48.23 or 938.23 or
persons who are entitled to
7be represented by counsel under s. 48.23, 51.60 , or 55.105, or 938.23 and from
8indigent persons who are entitled to be represented by counsel under s. 967.06 or who
9are otherwise so entitled under the constitution or laws of the United States or this
10state and provide such persons with legal services when, in the discretion of the state
11public defender, such provision of legal services is appropriate.
AB23,5 12Section 5 . 977.06 (2) (a) of the statutes is amended to read:
AB23,3,2213 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
14s. 977.08, other than a child who is entitled to be represented by counsel under s.
1548.23 or 938.23 or
a person who is entitled to be represented by counsel under s.
1648.23, 51.60, or 55.105, or 938.23, shall sign a statement declaring that he or she has
17not disposed of any assets for the purpose of qualifying for that assignment of
18counsel. If the representative or authority making the indigency determination
19finds that any asset was disposed of for less than its fair market value for the purpose
20of obtaining that assignment of counsel, the asset shall be counted under rules
21promulgated under s. 977.02 (3) at its fair market value at the time it was disposed
22of, minus the amount of compensation received for the asset.
AB23,6 23Section 6 . 977.06 (2) (am) of the statutes is amended to read:
AB23,4,524 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
25s. 977.08, other than a child who is entitled to be represented by counsel under s.

148.23 or 938.23 or
a person who is entitled to be represented by counsel under s.
248.23, 51.60, or 55.105, or 938.23, shall sign a statement declaring that the
3information that he or she has given to determine eligibility for assignment of
4counsel he or she believes to be true and that he or she is informed that he or she is
5subject to the penalty under par. (b).
AB23,7 6Section 7. 977.07 (1) (a) of the statutes is amended to read:
AB23,4,127 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
8be made as soon as possible and shall be in accordance with the rules promulgated
9by the board under s. 977.02 (3) and the system established under s. 977.06. No
10determination of indigency is required for a child who is entitled to be represented
11by counsel under s. 48.23 or 938.23 or
a person who is entitled to be represented by
12counsel under s. 48.23, 51.60, or 55.105, or 938.23.
AB23,8 13Section 8 . 977.07 (1) (c) of the statutes is amended to read:
AB23,5,214 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
15and 974.07 (11), except a referral of a child who is entitled to be represented by
16counsel under s. 48.23 or 938.23 or
a person who is entitled to be represented by
17counsel under s. 48.23, 51.60, or 55.105, or 938.23, a representative of the state public
18defender shall determine indigency. For referrals made under ss. 809.107, 809.30
19and 974.06 (3) (b), except a referral of a child who is entitled to be represented by
20counsel under s. 48.23 or 938.23 or
a person who is entitled to be represented by
21counsel under s. 48.23, 51.60, or 55.105, or 938.23, the representative of the state
22public defender may, unless a request for redetermination has been filed under s.
23809.30 (2) (d) or the person's request for representation states that his or her

1financial circumstances have materially improved, rely upon a determination of
2indigency made for purposes of trial representation under this section.
AB23,5,33 (End)
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