Senate Finance Committee
Dan Meyer
Assembly Finance Committee
STATE OF WISCONSIN CLAIMS BOARD
The State of Wisconsin Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on December 13, 2006, upon the following claims:
Claimant Agency Amount
The Board Finds:
The Claims Board referred this claim to a hearing examiner on December 9, 2005. A hearing was held before Administrative Law Judge Peter C. Anderson of the Division of Hearings and Appeals on June 21, 2006. Judge Anderson has submitted to the Claims Board a Proposed Decision. The Board concludes that the attached Proposed Decision should be adopted as the decision of the Claims Board and that the claim of Richard A. Moeck should be denied.
Dated at Madison, Wisconsin this 27th day of December, 2006.
Robert Hunter
Chair, Representative of the Attorney General
John E. Rothschild
Secretary, Representative of the Secretary of Administration
Nate Zolik
Representative of the Governor
Mary Lazich
Senate Finance Committee
Dan Meyer
Assembly Finance Committee
STATE OF WISCONSIN CLAIMS BOARD
The State of Wisconsin Claims Board held a meeting at the State Capitol Building in Madison, Wisconsin, on February 2, 2007, upon the following items, which were considered and decided without a hearing:
Consideration of a Petition for Rehearing dated January 17, 2007, in the matter of the attorneys' fees portion of the claim of Anthony Hicks, which was decided by the Claims Board on December 13, 2006.
Consideration of a request for partial payment of attorneys' fees while the decision on the Petition for Rehearing is pending.
Background:
This Petition for Rehearing arises from an innocent convict claim filed under §
775.05, Wis. Stats. The claimant's original claim for compensation was filed on November 26, 1997. At that time, the claim was placed in abeyance pending the resolution of a lawsuit against the claimant's trial attorney until the lawsuit was settled in December 2004. Additional documentation was requested from the claimant and that information was submitted in November 2005. Pursuant to standard procedure, the claim was forwarded to the original prosecutor, who responded in support of the claim. The claim was scheduled for hearing before the Board on December 13, 2006. At that meeting the Board voted unanimously to pay the claimant $25,000 compensation for his wrongful imprisonment, plus attorneys' fees in the reduced amount of $53,030.86. (Reduced from the requested amount of $106,061.71.)
On January 17, 2007, the claimant filed a Petition for Rehearing of the Claims Board Decision specifically relating to the matter of attorneys' fees. The claimant also submitted additional information supporting his claim for attorneys' fees. The claimant returned the original check and requested separate payment of the uncontested portion of the claim not relating to attorneys' fees and a new check was issued in the amount of $25,000. Subsequently, the claimant also requested payment of the $53,030.86 in attorneys' fees awarded by the December 2006 decision while the question of the remaining attorneys' fees was under consideration.
The Board Concludes:
The Board concludes that it shall vacate the portion of its December 13, 2006, decision relating to attorneys' fees for Mr. Hicks' claim and grant the claimant's Petition for Rehearing on the attorneys' fees portion of the claim.
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The Board further concludes that the claim shall be referred to the Division of Hearings and Appeals for consideration by a Hearing Examiner of the attorneys' fees portion of the claim to issue a Proposed Decision for consideration by the Claims Board.
The Board further requests that when considering the issue of the award of attorneys' fees the Hearing Examiner address the following questions:
1. Does the limit on compensation to be paid by the board under §
775.05(4) include any amount to which the board finds the petitioner is entitled for attorneys fees, costs and disbursements?
2. Does §
227.485, Stats., §
814.245(5)(a)2, Stats., or any other statute limit the amount of attorneys' fees which may be granted under §
775.05, Stats?
3. Should the Petitioner be permitted to submit additional evidence or information related to attorneys' fees which was not presented with the original claim?
4. Does the fact that the Petitioner received a settlement from his original attorney in an amount which is unknown to the board affect the appropriate award of attorneys' fees?
5. Does the board have discretion to determine the appropriate attorneys' fees awarded?
6. If attorneys' fees should be awarded, what are the appropriate attorney's fees which should be awarded:
a. for the post conviction defense of the Petitioner?
b. for the preparation and presentation of the claim before the Claims Board?
Dated at Madison, Wisconsin this 14th day of February, 2007.
Robert Hunter
Chair, Representative of the Attorney General
John E. Rothschild
Secretary, Representative of the Secretary of Administration
Nate Zolik
Representative of the Governor
Jeffrey Stone
Assembly Finance Committee
Senator Decker did not participate in this meeting.
__________________
Pursuant to Senate Rule 17 (5), Senator Darling added as a coauthor of
Senate Bill
164
.
__________________
State of Wisconsin
Office of the Governor
April 24, 2007
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint O'Keefe, James,
of Mauston, as a member of the Rural Health Development Council, to serve for the term ending July 1, 2011.
Respectfully submitted,
JIM DOYLE
Governor
Read and referred to committee on Campaign Finance Reform, Rural Issues and Information Technology.
__________________
Relating to specific information signs.
Submitted by Department of Transportation.
Report received from Agency, April 26, 2007.
Referred to committee on Transportation, Tourism and Insurance, April 27, 2007
.
Relating to the county veterans service officer grant program.
Submitted by Department of Veterans Affairs.
Report received from Agency, April 27, 2007.
Referred to committee on Veterans and Military Affairs, Biotechnology and Financial Institutions, April 27, 2007
.
