LRB-4131/1
MLJ:ahe/wlj/kjf
2019 - 2020 LEGISLATURE
October 7, 2019 - Introduced by Representatives Tusler, McGuire, Bowen,
Edming, Goyke, Kurtz, Mursau, Neubauer, Spreitzer, Tittl, Zamarripa and
Vruwink, cosponsored by Senators Jacque and Bernier. Referred to
Committee on Judiciary.
AB514,1,3 1An Act to renumber and amend 977.08 (3) (b); to amend 977.02 (5) and 977.08
2(3) (c); and to create 977.08 (3) (b) 2. of the statutes; relating to: Public
3Defender Board regulation.
Analysis by the Legislative Reference Bureau
Under current law, the Public Defender Board may promulgate rules to assure
that representation of indigent clients by the private bar is at the same level as the
representation provided by the state public defender. Under this bill, the board's
authority to promulgate rules is expanded to include setting standards for and
imposing conditions upon private bar attorney certification, decertification, or
recertification to represent clients. The bill also adds the following list of reasons as
grounds for which the office of the state public defender may exclude a private bar
attorney from a public defender list: 1) the attorney has failed to meet minimum
attorney performance standards adopted by the state public defender; 2) the
attorney has failed to comply with the supreme court rules of professional conduct
for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests
of clients, the interests of justice, or the interests of the state public defender; or 4)
the state public defender learns of any information that raises a concern about the
attorney's character, performance, ability, or behavior.

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:
AB514,1 1Section 1. 977.02 (5) of the statutes is amended to read:
AB514,2,72 977.02 (5) Promulgate rules establishing procedures to assure that
3representation of indigent clients by the private bar at the initial stages of cases
4assigned under this chapter is at the same level as the representation provided by
5the state public defender, including setting standards for and imposing conditions
6upon private bar attorney certification, decertification, or recertification to represent
7clients under this chapter
.
AB514,2 8Section 2. 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and
9amended to read:
AB514,2,1610 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified,
11and annually updated by the state public defender. Persons may not be excluded
12from any a list unless only if the state public defender states in writing the reasons
13for such action in the context of accordance with subd. 2. and existing rules adopted
14by the state public defender board. Any attorney thus excluded shall then have the
15opportunity to
may appeal the state public defender's decision to the board, which
16shall issue a final decision in writing.
AB514,3 17Section 3. 977.08 (3) (b) 2. of the statutes is created to read:
AB514,2,1918 977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any
19of the following applies:
AB514,2,2120 a. The attorney fails or has failed to meet minimum attorney performance
21standards adopted by the state public defender.
AB514,3,1
1b. The attorney fails or has failed to comply with SCR chapter 20.
AB514,3,32 c. The attorney engages in conduct that is contrary to the interests of clients,
3the interests of justice, or the interests of the state public defender.
AB514,3,54 d. The state public defender learns of any information that raises a concern
5about the attorney's character, performance, ability, or behavior.
AB514,4 6Section 4. 977.08 (3) (c) of the statutes is amended to read:
AB514,3,117 977.08 (3) (c) A person appointed from the set of lists prepared under par. (b)
81. shall be appointed in order from the top of each list; if any attorney thus appointed
9states in writing that he or she cannot accept the appointment, he or she shall be
10placed on the bottom of the list, and the attorney thus elevated to the top of the list
11shall be appointed.
AB514,3,1212 (End)
Loading...
Loading...