Statutory authority: s. 977.02 (4m)
Statute interpreted: s. 977.075
The Office of the State Public Defender (SPD) is statutorily required to collect fees from its adult clients as payment for legal representation. Generally, each public defender appointment results in a separate fee to be paid by the client. Under limited circumstances, however, a client may be required to pay only one fee even though the client's case results in more than one public defender appointment. For example, if a client's case is appointed to a second attorney because the client's first attorney had to withdraw based on a conflict of interest, the client is charged one fee rather than two separate fees.
The proposed rule would create an additional circumstance under which a public defender client is charged one fee for his or her case. Specifically, if a client's case is remanded for a new trial after an appellate court reverses the conviction based on ineffective assistance of counsel grounds, the client would be charged one fee rather than two fees for his or her case.
Initial Regulatory Flexibility Analysis
This rule would not have a regulatory effect on small businesses.
Fiscal Estimate
Because the SPD estimates that the situation described in the proposed rule occurs, at most, two to three times per year, the proposed rule would have an insignificant impact on the total amount of fees collected per year by the SPD from its clients.
Contact Information
For copies of the proposed rule, or if you have questions, please contact:
Gina Pruski, Deputy Legal Counsel
315 North Henry St.
Madison, WI 53703-3018
Telephone (608) 266-6782
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by March 26, 1999.
Notice of Hearings
Public Instruction
Notice is hereby given that pursuant to ss. 115.28 (7), (7m), (15) and (17), 118.19 (11), 121.02 (1) (a), and 227.11 (2) (a), Stats., and interpreting ss. 115.28 (7), 118.19, and 118.192, Stats., the Department of Public Instruction will hold public hearings as follows to consider the repeal and recreation of ch. PI 3 and the repeal of ch. PI 4, relating to teacher education program approval and licenses.
Hearing Information
The hearings will be held as follows:
Date and Time: Location:
March 8, 1999 Phoenix Room B
Monday University Union Bldg.
6:00 p.m. - Nicolet Drive
8:00 p.m. UW - Green Bay, WI
March 8, 1999 Room Valhalla B
Monday Cartwright Center
6:00 p.m. - 1725 State St.
8:00 p.m. UW - LaCrosse, WI
March 8, 1999 Wisconsin East Room
Monday University Union
6:00 p.m. - 2200 E. Kenwood Blvd.
8:00 p.m. UW - Milwaukee, WI
March 9, 1999 Ballroom
Tuesday Rothwell Student Ctr.
6:00 p.m. - Corner of 16th
8:00 p.m. and Catlin Ave.
UW - Superior, WI
March 10, 1999 Room 041
Wednesday GEF #3 Bldg.
6:00 p.m. - 125 South Webster St.
8:00 p.m. Madison, WI
March 16, 1999 Room 101
Tuesday Clow Bldg.
6:00 p.m. - Algoma Blvd.
8:00 p.m. UW - Oshkosh, WI
March 17, 1999 Theater
Wednesday Fine Arts Bldg.
6:00 p.m. - 1800 College Dr.
8:00 p.m. UW-Barron County
Rice Lake, WI
March 18, 1999 Ballroom A
Thursday Memorial Student Ctr.
6:00 p.m. - 302 10th Ave.
8:00 p.m. UW-Stout
Menomonie, WI
March 23, 1999 Room 116
Tuesday College of Professional
6:00 p.m. - Studies Bldg.
8:00 p.m. 1901 4th Ave.
UW -Stevens Point, WI
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peter Burke, Director, Teacher Education, Licensing and Placement, at (608) 266-1879 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule & Contact Information
A copy of the proposed rule and the fiscal estimate may be obtained by writing to:
Lori Slauson
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster St.
P.O. Box 7841
Madison, WI 53707
Written Comments
