AB1062: Bill Text

LRB-2154/3

RLR:jld:pg

2005 - 2006 LEGISLATURE

2005 Assembly BILL 1062

February 27, 2006 - Introduced by Representative Kessler. Referred to Committee on Judiciary.

AB1062,1,5 An Act to amend 977.07 (1) (a), 977.08 (1), 977.08 (3) (b), 977.08 (4) and 977.08 (4m) (c); and to create 977.07 (2g), 977.08 (3m) and 977.08 (4m) (d) of the statutes; relating to: the State Public Defender reimbursement rate for private attorneys and time for the State Public Defender to make indigency determinations and assign counsel.

Analysis by the Legislative Reference Bureau

Under current law, the State Public Defender (SPD) provides indigent people legal representation for certain types of proceedings including criminal, commitment, protective placement, paternity, and juvenile delinquency proceedings. The SPD also provides children legal counsel in certain types of cases regardless of the child's economic status. The SPD must make indigency determinations with respect to persons who request appointment of counsel on the basis of indigency and must assign counsel for all people who are eligible for SPD representation. The SPD may assign cases to attorneys employed by the SPD or to private attorneys. The SPD reimburses private attorneys $40 an hour for time spent related to a case, excluding travel time. (The SPD reimburses private attorneys $25 an hour for out-of-county travel.)

This bill requires the SPD to make an indigency determination for a criminal defendant within one business day of the defendant's initial appearance, and requires the SPD to appoint counsel for a criminal defendant who is determined to be indigent within one business day of the indigency determination or two business days of the initial appearance, whichever is later. If the SPD does not meet these deadlines, the circuit court judge may make the indigency determination and appoint counsel. The bill also increases the reimbursement rate for private attorneys from $40 an hour to $70 an hour.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1062, s. 1 Section 1. 977.07 (1) (a) of the statutes is amended to read:

AB1062,2,8 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible, and for a defendant in a criminal proceeding shall be made within one business day after the defendant's initial appearance. Determinations shall be made in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23 or 938.23.

AB1062, s. 2 Section 2. 977.07 (2g) of the statutes is created to read:

AB1062,2,14 977.07 (2g) Notwithstanding subs. (1) and (2), if an indigency determination in a criminal proceeding is not made in the time allotted under sub. (1), the circuit court judge may determine whether the defendant is indigent. If the court determines under this subsection that a defendant is indigent, the state public defender shall appoint counsel under s. 977.08.

AB1062, s. 3 Section 3. 977.08 (1) of the statutes is amended to read:

AB1062,3,5 977.08 (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or, if a case is referred under s. 48.23 (4), or if a court determines a defendant is indigent under s. 977.07 (2g), the state public defender shall assign counsel according to subs. (3) and (4). In criminal cases, the state public defender shall assign counsel within 2 business days after the initial appearance or within one business day after a determination of indigency is made, whichever is later. If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.

AB1062, s. 4 Section 4. 977.08 (3) (b) of the statutes is amended to read:

AB1062,3,14 977.08 (3) (b) A final set of lists for each county shall be prepared, certified and annually updated by the state public defender. The state public defender shall submit a copy of the list for each county to the chief judge of the judicial administrative district. Persons may not be excluded from any list unless the state public defender states in writing the reasons for such action in the context of existing rules adopted by the state public defender board. Any attorney thus excluded shall then have the opportunity to appeal the state public defender's decision to the board, which shall issue a final decision in writing.

AB1062, s. 5 Section 5. 977.08 (3m) of the statutes is created to read:

AB1062,3,19 977.08 (3m) Notwithstanding subs. (1) and (3), if the state public defender does not within the time allotted under sub. (1) appoint counsel for a criminal defendant who has been determined to be indigent, the court may appoint counsel from a list of attorneys maintained by the chief judge of the judicial administrative district.

AB1062, s. 6 Section 6. 977.08 (4) of the statutes is amended to read:

AB1062,4,3 977.08 (4) At the conclusion of each case, any private local attorney who has been appointed under sub. (3) or (3m) shall submit a copy of his or her bill to the state public defender. The state public defender shall review the bill and reject it or approve it in whole or in part. The state public defender shall then pay the bill according to the rates under sub. (4m). Any attorney dissatisfied with the decision of the state public defender regarding the bill may have the decision reviewed by the board. This subsection does not apply if the attorney is working under an agreement authorized under s. 977.02 (7m) or a contract authorized under sub. (3) (f).

AB1062, s. 7 Section 7. 977.08 (4m) (c) of the statutes is amended to read:

AB1062,4,12 977.08 (4m) (c) 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 July 29, 1995, and before the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB1062, s. 8 Section 8. 977.08 (4m) (d) of the statutes is created to read:

AB1062,4,21 977.08 (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 the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB1062, s. 9 Section 9. Initial applicability.

AB1062,5,3 (1) Private attorney reimbursement. The treatment of section 977.08 (4m) (c) and (d) of the statutes first applies to cases assigned on the effective date of this subsection.

AB1062,5,4 (End)