(b) The attorney fails or has failed to meet the education or experience requirements under this chapter.
(c) The attorney's conduct while employed by the state public defender, another law office or another governmental agency in Wisconsin or in another jurisdiction raises a concern about the attorney's character, performance, ability or behavior.
(d) The attorney engages or has engaged in fraudulent, unreasonable or inaccurate billing to the state public defender or any other governmental agency or organization.
(e) The attorney fails or has failed to meet minimum attorney performance standards adopted by the state public defender or to comply with the supreme court rules of professional conduct for attorneys.
(f) The attorney fails or has failed to follow the state public defender's procedures for billing or for approval of expenses.
(g) The attorney is or has been the subject of a formal complaint filed by the office of lawyer regulation with the supreme court or filed with an organization that is responsible for enforcement of lawyer regulation in any other jurisdiction.
(h) The attorney is or has been the subject of a finding of dishonesty or incapacity by the client protection fund in an award to a claimant.
(i) The attorney is convicted of any crime that reflects adversely on the attorney's honesty, trustworthiness or fitness as a lawyer.
(j) The attorney engages in conduct contrary to the interests of clients, the interests of justice, or the interests of the state public defender.
(k) The attorney is barred by statute from engaging in criminal or other public defender case representation.
(L) The attorney fails or has failed to cooperate with an investigation under this chapter.
(m) The conduct of an attorney that formed the basis for voluntary removal or for an investigation or decision regarding the attorney's license to practice law, certification to accept appointments, or billing practices, in Wisconsin or in any other jurisdiction continues to raise a concern about the attorney's character, performance, ability or behavior.
(n) The attorney requests to be removed from any or all certification lists at a time when the attorney is the subject of a pending inquiry or investigation concerning performance or billing practices.
(o) The attorney fails to comply with this chapter.
(p) The state public defender learns of any other information that raises a concern about the attorney's character, performance, ability or behavior.
SECTION 2.
PD 1.05 is amended to read:
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 mailing a letter of appeal to the state public defender within 30 days of the notice of the decision. Appeals of suspensions are subject to the provisions in s. PD 1.03 (3)(b). The attorney shall state in the letter the certification from which the attorney has been excluded or the decision from which the attorney intends to appeal. The letter shall state the reasons why the attorney believes the decision was improper. (3) Upon receipt of an appeal letter, the state public defender shall place the matter on the agenda of the next state public defender board meeting unless that meeting is less than 10 days from the receipt of the appeal letter, in which case the matter may be scheduled for the following meeting. The state public defender shall, at least 10 days before the hearing, inform the attorney of the time and place of the board meeting at which the appeal will be considered.
(4) The state public defender shall transmit to the board and the attorney all material relied upon in reaching the certification decision, including the certification application and all written comments received under s. 977.08 (3), Stats. (5) The attorney may submit to the board any material that he or she believes is relevant to the appeal. The hearing before the board shall be considered a "class 3" proceeding and is governed by ch. 227, Stats. (6) The state public defender board may deliberate the matter in executive session pursuant to the provisions of s. 19.85 (1) (a), Stats. The board shall issue a written decision affirming, reversing or modifying the decision of the state public defender. The board may impose conditions on an attorney’s application for recertification, including a specified time period before the attorney may apply for recertification. The written decision shall be mailed to the attorney within 20 days after the board meeting and shall be signed by an officer of the board. (7) The board's written decision shall constitute findings of fact and conclusions of law within the meaning of s. 227.47, Stats. (8) The board may appoint a panel of board members to conduct the hearing specified in subs. (5) and (6). After reviewing the record of the hearing and receiving the panel's recommendation, the entire board shall issue a written decision.
SECTION 4: EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
