Place to Submit Comments
Comments may be submitted to Nicholas Smith at smithn@opd.wi.gov, or 17 S. Fairchild Street, 5th Floor, Madison, WI 53703 Text of Proposed Rule
SECTION 1:
PD 1.05(2) is amended to read:
(2) Any attorney may appeal the state public defender's certification decision under s. PD 1.03 (2) by serving a letter of appeal to the state public defender within 30 days of the notice of the decision. 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. Service may be accomplished by mail or email. Note: The mailing address and email for service is:
17 S. Fairchild St., 5th Floor
Madison, WI 53703
SECTION 2:
PD 1.05(3m), (5m), (5r), and (7m) are created to read:
(3m) The parties for any appeal shall be the appealing attorney, the state public defender, and the public defender board per 227.47(1), Stats.
(5m)(a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purposes. Appearances shall be entered on the record. The board may permit clear and concise opening statements if it deems appropriate.
(b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.
(c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03. (5r) Rules governing the admission of evidence are governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats. (7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of adverse decisions, the time allowed for filing each petition and identification of the party to be named as respondent per 227.48, Stats.
SECTION 3:
PD 4.02 (1) is amended to read:
(1)
Within 6 months of the conclusion of the case, the private attorney shall submit the billing form to the local office of the state public defender their bill pursuant to the state public defender posted procedure. The state public defender, or it’s designee, shall promptly review the bill to insure that attorney time billed reflects reasonable attorney practice in such a case, as determined by the state public defender, and, except as provided for in s. PD 4.06, promptly authorize payment at the rate established under s. 977.08 (4m), Stats. The “conclusion of the case" means the conclusion of trial-level representation for trial cases and the conclusion of appellate-level representation for appellate cases. If the bill is not submitted within 6 months of the conclusion of the case, the state public defender is not required to pay the bill promptly.SECTION 4:
PD 4.02 (2) is created to read:
(2) The state public defender's exercise of discretion and determination whether attorney time billed reflects reasonable attorney practice under this chapter may include consideration of any of the following factors:
(a) The novelty, difficulty, and complexity of the appointed case.
(b) The skill required to provide zealous and competent representation.
(c) The fee customarily charged in the locality for similar legal services.
(d) Tim requirements imposed by the circumstances of the appointed case.
(e) Other factors the state public defender deems important or necessary to consider under the circumstances of the appointed case.
SECTION 5:
PD 4.03(1)(c) is amended to read:
(1) Any attorney may appeal the state public defender's reduction or denial of any submitted bill. An appeal shall conform with all of the following:
(a) Notice of the appeal is in writing;
(b) Notice is submitted within 30 days of the receipt of the reduced or denied payment; and
(c) Delivery of the notice is by mail, email, or in person.
Note: The mailing address of the state public defender is:
17 S. Fairchild St., 5th Floor
Madison, WI 53703
SECTION 6:
PD 4.03(5m), (5r), and (7m) are created to read:
(5m)(a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purposes. Appearances shall be entered on the record. The board may permit clear and concise opening statements if it deems appropriate.
(b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.
(c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03. (5r) Rules governing the admission evidence are governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats. (7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of adverse decisions, the time allowed for filing each petition and identification of the party to be named as respondent per 227.48, Stats.
SECTION 7: 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.
