2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of State Public
Defender. Referred to Committee on Judiciary.
AB21,1,3 1An Act to amend 885.10, 977.05 (4) (g), 977.06 (1) (d) and 977.07 (2m) of the
2statutes; relating to: description of defendant indigency for public defender
3fees (suggested as remedial legislation by the State Public Defender).
Analysis by the Legislative Reference Bureau
This bill amends the the statutes that describe the procedure for collecting
attorney's fees for defendants who have been determined to be indigent. It removes
the words “in part” from the description of indigency because defendants can be
found to be only indigent or not indigent, they cannot be found to be indigent “in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB21,1 4Section 1. 885.10 of the statutes is amended to read:
AB21,2,8 5885.10 Witness for indigent respondent or defendant. Upon satisfactory
6proof of the financial inability of the respondent or defendant to procure the
7attendance of witnesses for his or her defense, the judge or supplemental court
8commissioner, in any paternity proceeding or criminal action or proceeding, or in any

1other case in which the respondent or defendant is represented by the state public
2defender or by assigned counsel under s. 977.08, to be tried or heard before him or
3her, may direct the witnesses to be subpoenaed as he or she determines is proper and
4necessary, upon the respondent's or defendant's oath or affidavit or that of the
5respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their
6fees in the manner that witnesses for the state therein are paid. Determination of
7indigency, in full or in part, under s. 977.07 is proof of the respondent's or defendant's
8financial inability to procure the attendance of witnesses for his or her defense.
AB21,2 9Section 2. 977.05 (4) (g) of the statutes is amended to read:
AB21,2,1610 977.05 (4) (g) In accordance with the standards under pars. (h) and (j), accept
11referrals from judges, courts or appropriate state agencies for the determination of
12indigency of persons who claim or appear to be indigent. If a referral is accepted and
13if the person is determined to be indigent in full or in part, the state public defender
14shall appoint counsel in accordance with contracts and policies of the board, and
15inform the referring judge, court or agency of the name and address of the specific
16attorney who has been assigned to the case.
AB21,3 17Section 3. 977.06 (1) (d) of the statutes is amended to read:
AB21,2,2018 977.06 (1) (d) Collect for the cost of representation from persons who are
19indigent in part or who have been otherwise determined to be able to reimburse the
20state public defender for the cost of providing counsel.
AB21,4 21Section 4. 977.07 (2m) of the statutes is amended to read:
AB21,3,722 977.07 (2m) If the person is found to be indigent in full or in part, the person
23shall be promptly informed of the state's right to payment or recoupment under s.
2448.275 (2), 757.66, 938.275 (2), 973.06 (1) (e), or 977.076 (1), and the possibility that
25the payment of attorney fees may be made a condition of probation, should the person

1be placed on probation. Furthermore, if found to be indigent in part, the person shall
2be promptly informed of the extent to which he or she will be expected to pay for
3counsel, and whether the payment shall be in the form of a lump sum payment or
4periodic payments. The person shall be informed that the payment amount may be
5adjusted if his or her financial circumstances change by the time of sentencing. The
6payment and payment schedule shall be set forth in writing. This subsection does
7not apply to persons who have paid under s. 977.075 (3m).
AB21,3,88 (End)