Amendment ASA1-SB54

SB54-ASA1,13 Section 13. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

SB54-ASA1,14 Section 14 . 977.02 (5) of the statutes is amended to read:

SB54-ASA1,7,9 977.02 (5) Promulgate rules establishing procedures to assure that representation of indigent clients by the private bar at the initial stages of cases assigned under this chapter is at the same level as the representation provided by the state public defender, including setting standards for and imposing conditions upon private bar attorney certification, decertification, or recertification to represent clients under this chapter.

SB54-ASA1,15 Section 15 . 977.02 (7t) of the statutes is created to read:

SB54-ASA1,7,12 977.02 (7t) Promulgate rules to distribute case types into pay rate classifications as required in s. 977.08 (4m) (d).

SB54-ASA1,16 Section 16 . 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and amended to read:

SB54-ASA1,7,21 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified, and annually updated by the state public defender. Persons may not be excluded from any a list unless only if the state public defender states in writing the reasons for such action in the context of accordance with subd. 2. and existing rules adopted by the state public defender board. Any attorney thus excluded shall then have the opportunity to may appeal the state public defender's decision to the board, which shall issue a final decision in writing.

SB54-ASA1,17 Section 17 . 977.08 (3) (b) 2. of the statutes is created to read:

SB54-ASA1,7,24 977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any of the following applies:

SB54-ASA1,8,2 a. The attorney fails or has failed to meet minimum attorney performance standards adopted by the state public defender.

SB54-ASA1,8,3 b. The attorney fails or has failed to comply with SCR chapter 20.

SB54-ASA1,8,5 c. The attorney engages in conduct that is contrary to the interests of clients, the interests of justice, or the interests of the state public defender.

SB54-ASA1,8,7 d. The state public defender learns of any information that raises a concern about the attorney's character, performance, ability, or behavior.

SB54-ASA1,18 Section 18 . 977.08 (3) (c) of the statutes is amended to read:

SB54-ASA1,8,13 977.08 (3) (c) A person appointed from the set of lists prepared under par. (b) 1. shall be appointed in order from the top of each list; if any attorney thus appointed states in writing that he or she cannot accept the appointment, he or she shall be placed on the bottom of the list, and the attorney thus elevated to the top of the list shall be appointed.

SB54-ASA1,19 Section 19 . 977.08 (4m) (d) of the statutes is created to read:

SB54-ASA1,8,18 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2019, private local attorneys shall be paid a rate of $55, $60, or $70 per hour, based upon the case type, for time spent related to a case, excluding travel.

SB54-ASA1,20 Section 20. Nonstatutory provisions.

SB54-ASA1,8,23 (1) The authorized FTE positions for the department of administration are increased by 53.75 GPR positions on July 1, 2019, to be funded from the appropriation under section 20.475 (1) (d) of the statutes, for the purpose of increasing the number of district attorney positions as follows:

SB54-ASA1,8,24 (a) In Iowa County, 0.25 positions.

SB54-ASA1,8,25 (b) In each Green, Marquette, and Pierce counties, 0.5 positions.

SB54-ASA1,9,1 (c) In Jefferson County, 0.7 positions.

SB54-ASA1,9,2 (d) In each Burnett and Columbia counties, 0.75 positions.

SB54-ASA1,9,3 (e) In Adams County, 0.8 positions.

SB54-ASA1,9,6 (f) In each Ashland, Barron, Bayfield, Chippewa, Dodge, Forest, Jackson, Langlade, Lincoln, Marathon, Ozaukee, Shawano, Taylor, Walworth, and Washington counties, 1.0 positions.

SB54-ASA1,9,9 (g) In each Brown, Douglas, Dunn, Eau Claire, Fond du Lac, Kenosha, La Crosse, Manitowoc, Monroe, Outagamie, Polk, Portage, Racine, Sheboygan, Waukesha, Winnebago, and Wood counties, 2.0 positions.

SB54-ASA1,9,14 (2) The authorized FTE positions for the department of administration are increased by 0.4 GPR positions on January 1, 2020, to be funded from the appropriation under section 20.475 (1) (d) of the statutes, for the purpose increasing the number of district attorney positions in Marinette County to replace a 0.4 GPR project position that expires on December 31, 2019.

SB54-ASA1,21 Section 21 . Fiscal changes.

SB54-ASA1,9,19 (1) Public defender pay increase. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public defender board under section 20.550 (1) (a) of the statutes, the dollar amount for fiscal year 2018-19 is increased by $6,475,500 to fund pay increases for private local attorneys.

SB54-ASA1,9,20 (End)