SB127: Bill Text

SB127,15 Section 15 . 977.02 (5) of the statutes is amended to read:

SB127,9,19 977.02 (5) Promulgate rules establishing procedures to assure that representation of indigent clients by the private bar at the initial stages of cases assigned under this chapter is at the same level as the representation provided by the state public defender, including setting standards for and imposing conditions upon private bar attorney certification, decertification, or recertification to represent clients under this chapter.

SB127,16 Section 16 . 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and amended to read:

SB127,9,25 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified, and annually updated by the state public defender. Persons may not be excluded from any a list unless only if the state public defender states in writing the reasons for such action in the context of accordance with subd. 2. and existing rules adopted by the state public defender board. Any attorney thus excluded shall then have the opportunity to may appeal the state public defender's decision to the board, which shall issue a final decision in writing.

SB127,17 Section 17 . 977.08 (3) (b) 2. of the statutes is created to read:

SB127,10,6 977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any of the following applies:

SB127,10,8 a. The attorney fails or has failed to meet minimum attorney performance standards adopted by the state public defender.

SB127,10,9 b. The attorney fails or has failed to comply with SCR chapter 20.

SB127,10,11 c. The attorney engages in conduct that is contrary to the interests of clients, the interests of justice, or the interests of the state public defender.

SB127,10,13 d. The state public defender learns of any information that raises a concern about the attorney's character, performance, ability, or behavior.

SB127,18 Section 18 . 977.08 (3) (c) of the statutes is amended to read:

SB127,10,19 977.08 (3) (c) A person appointed from the set of lists prepared under par. (b) 1. shall be appointed in order from the top of each list; if any attorney thus appointed states in writing that he or she cannot accept the appointment, he or she shall be placed on the bottom of the list, and the attorney thus elevated to the top of the list shall be appointed.

SB127,19 Section 19 . 977.08 (4m) (c) of the statutes is amended to read:

SB127,11,2 977.08 (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 July 1, 2019, 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.

SB127,20 Section 20 . 977.08 (4m) (d) of the statutes is created to read:

SB127,11,10 977.08 (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 July 1, 2019, 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.

SB127,21 Section 21 . 978.001 (1b), (1d) and (1n) of the statutes are created to read:

SB127,11,12 978.001 (1b) “Board" means the prosecutor board.

SB127,11,14 (1d) “Executive director" means the executive director appointed under s. 978.003 (3).

SB127,11,15 (1n) “Office" means the state prosecutors office.

SB127,22 Section 22 . 978.001 (1p) of the statutes is repealed.

SB127,23 Section 23 . 978.003 of the statutes is created to read:

SB127,11,18 978.003 Board; duties. The board shall do all of the following:

SB127,11,20 (1) Submit the budget in accordance with s. 16.42 after the executive director submits the budget to the board and the board approves it.

SB127,11,22 (2) At least annually submit to the joint committee on finance recommendations on the allocation of prosecutor resources.

SB127,11,24 (3) Appoint an attorney with experience in criminal prosecution as the executive director of the office.

SB127,11,25 (4) Oversee, and set policy initiatives for, the executive director.

SB127,12,2 (5) Review existing law or proposed legislation and make recommendations to the legislature.

SB127,24 Section 24 . 978.004 of the statutes is created to read:

SB127,12,5 978.004 State prosecutors office executive director. (1) The executive director shall do all of the following:

SB127,12,7 (a) Manage and direct the office subject to the policy initiatives set under s. 978.003 (4).

SB127,12,9 (b) Prepare and submit to the board for its approval a budget and any personnel and employment policies that the board requires.

SB127,12,11 (c) Prepare and submit to the board and other appropriate persons an annual report of the activities of the office in the form that the board directs.

SB127,12,13 (d) Represent the board before the governor, the legislature, bar associations, courts, and other appropriate entities.

SB127,12,20 (e) Appoint in the classified service an executive assistant and all other employees of the office. Before making an appointment under this paragraph, the executive director shall notify the board of any prospective appointment. If the board does not object to the prospective appointment within 7 working days after notification, the executive director may make the appointment. If the board objects to a prospective appointment, the executive director may not make the appointment until the board approves it.

SB127,13,3 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including bills modifying or creating crimes or sentencing practices. To prepare a fiscal estimate, the executive director shall consult with and obtain data from district attorneys. The executive director shall transmit a draft fiscal estimate to the board. If the board does not object to the draft fiscal estimate within 7 working days after receiving it, the executive director may submit the fiscal estimate. If the board objects to a draft fiscal estimate, the executive director may not submit the fiscal estimate until the board approves it.

SB127,13,6 (2) The executive director may identify methods and practices for district attorneys that promote professional competence, ethical practices, and evidence-based practices.

SB127,25 Section 25 . 978.005 of the statutes is created to read:

SB127,13,13 978.005 Limits on board and executive director. Neither the board nor the executive director may make any decision regarding the handling of any case nor interfere with any district attorney in carrying out professional duties. Neither the board nor the office may interfere with or infringe upon the autonomy of a district attorney or upon the authority of a district attorney to manage his or her own prosecutorial unit.

SB127,26 Section 26 . 978.03 of the statutes is amended to read:

SB127,13,25 978.03 Deputies and assistants in certain prosecutorial units. (1) The district attorney of any prosecutorial unit having a population of 750,000 or more may appoint 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB127,14,11 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB127,14,20 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB127,15,2 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration board.

SB127,27 Section 27 . 978.045 (1g) of the statutes is amended to read:

SB127,15,15 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration, on a form provided by that department, of office that the district attorney's attorney or the court's inability court, whichever is appropriate, is unable to obtain assistance from another prosecutorial unit or from an assistant attorney general.

SB127,28 Section 28. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:

SB127,15,23 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. Except as provided under par. (bp), the judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration office attesting that any of the following conditions exists:

SB127,29 Section 29 . 978.045 (2) of the statutes is amended to read:

SB127,16,11 978.045 (2) If the department of administration office approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for the attorney appointed according to the rates specified in s. 977.08 (4m) (b). The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district attorney, and the special prosecutor shall provide any information regarding a payment of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

SB127,30 Section 30 . 978.05 (9) of the statutes is amended to read:

SB127,16,15 978.05 (9) Budget. Prepare a biennial budget request for submission to the department executive director under s. 978.11 978.004 (1) (b) by September 1 of each even-numbered year.

SB127,31 Section 31 . 978.11 of the statutes is repealed.

SB127,32 Section 32 . 978.12 (1) (c) of the statutes is amended to read:

SB127,17,3 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the administrator of the division of personnel management in the department of administration, in consultation with the office, shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the administrator of the division of personnel management in the department of administration under this paragraph.

SB127,33 Section 33 . Nonstatutory provisions.

SB127,17,5 (1) Student loan payment pilot program.

SB127,17,11 (a) The public defender board shall conduct a student loan payment pilot program for private bar attorneys who accept public defender appointments. The program shall provide up to $20,000 per year, or the outstanding balance on the attorney's student loans, whichever is less, to eligible attorneys to use to repay student loans. To be eligible to receive a payment under this paragraph in any calendar year, an attorney must meet all of the following criteria:

SB127,17,12 1. The attorney is licensed to practice law in Wisconsin.

SB127,17,13 2. The attorney is certified to accept state public defender appointments.

SB127,17,15 3. The attorney agrees to accept a minimum of 50 state public defender appointments per year.

SB127,17,18 4. The attorney maintains a law practice that either is headquartered or performs a demonstrated majority of its legal work in a county with a population of 25,000 or fewer residents.

SB127,17,20 5. The attorney has outstanding student loans that were incurred to obtain a juris doctor degree from an accredited university.

SB127,18,3 (b) An attorney who will meet all of the criteria under par. (a) may apply for the student loan payment pilot program beginning on January 1 of each year to qualify to receive a payment at the end of that year. Applications will be accepted on a rolling basis and all payments will be disbursed in the order that applications are received. At the end of the year, the attorney must certify that he or she has met all of the criteria for that year and must provide proof of his or her outstanding student loan balance on January 1 of that year to determine the payment amount that he or she is eligible to receive under the program.

SB127,18,11 (c) The public defender board may promulgate emergency rules under s. 227.24 to implement the program under par. (a ) for the period before the effective date of permanent rules but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB127,18,12 (2) Prosecutor board and state prosecutors office.

SB127,18,18 (a) Initial terms for prosecutor board members. Notwithstanding s. 15.77, of the members of the prosecutor board who are appointed as initial members, one member representing each district under s. 752.11 (1) (b) and (d) and one member under s. 15.77 (3) shall serve for a one-year term and one member representing the district under s. 752.11 (1) (c), one member under s. 15.77 (2), and one member under s. 15.77 (3) shall serve for a 2-year term.

SB127,18,19 (b) Transfer of state prosecutors office.

SB127,18,23 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, become the assets and liabilities of the prosecutor board.

SB127,19,2 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, is transferred to the prosecutor board.

SB127,19,8 3. `Contracts.' All contracts entered into by the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, in effect on the effective date of this subdivision, remain in effect and are transferred to the prosecutor board. The prosecutor board shall carry out any such contractual obligations unless modified or rescinded by the prosecutor board to the extent allowed under the contract.

SB127,19,14 4. `Pending matters.' Any matter pending with the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, on the effective date of this subdivision, is transferred to the prosecutor board, and all materials submitted to or actions taken by the department of administration, with respect to the pending matter are considered as having been submitted to or taken by the prosecutor board.

SB127,19,19 5. `Rules and orders.' All rules promulgated for the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the prosecutor board.

SB127,34 Section 34. Fiscal changes.

SB127,20,2 (1) District attorney pay progression. In the schedule under s. 20.005 (3) for the appropriation to the district attorneys under s. 20.475 (1) (em), the dollar amount for fiscal year 2019-20 is increased by $1,600,000 to fund the assistant district attorney pay progression system. In the schedule under s. 20.005 (3) for the appropriation to the district attorneys under s. 20.475 (1) (em), the dollar amount for fiscal year 2020-21 is increased by $3,200,000 to fund the assistant district attorney pay progression system.

SB127,20,11 (2) Additional assistant district attorney positions. In the schedule under s. 20.005 (3) for the appropriation to the district attorneys under s. 20.475 (1) (d), the dollar amount for fiscal year 2019-20 is increased by $3,320,000 to increase the authorized FTE assistant district attorney positions by 60.85 positions. In the schedule under s. 20.005 (3) for the appropriation to the district attorneys under s. 20.475 (1) (d), the dollar amount for fiscal year 2020-21 is increased by $4,427,000 to provide funding for the positions authorized under this subsection. The state prosecutors office shall determine the districts in which such assistant district attorneys shall be placed.

SB127,20,18 (3) Assigned counsel rate. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $16,612,700 to pay private attorneys appointed under s. 977.08 (4m) (c) on or after July 1, 2019. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2020-21 is increased by $16,612,700 to pay private attorneys appointed under s. 977.08 (4m) (c) on or after July 1, 2019.

SB127,20,25 (4) Public defender pay progression. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $1,767,900 to fund the assistant state public defender pay progression system. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2020-21 is increased by $3,535,800 to fund the assistant state public defender pay progression system.

SB127,21,10 (5) Student loan payment pilot program. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2019-20 is increased by $250,000 to conduct a student loan payment pilot program under Section 33 (1 ) of this act for private bar attorneys who accept public defender appointments and who meet certain additional criteria. In the schedule under s. 20.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount for fiscal year 2020-21 is increased by $250,000 to conduct a student loan payment pilot program under Section 33 (1) of this act for private bar attorneys who accept public defender appointments and who meet certain additional criteria.

SB127,21,17 (6) Investigations and forensics. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2019-20 is increased by $593,300 to increase the authorized FTE positions for the department by 10.0 positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2020-21 is increased by $742,600 to provide funding for the positions authorized under this subsection.

SB127,22,3 (7) State crime laboratory analysts. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2019-20 is increased by $785,400 to increase the authorized FTE positions for the department by 15.0 analyst positions on July 1, 2019, to improve the efficiency of operations at the state crime laboratories. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2020-21 is increased by $1,307,600, and for the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar amount is increased by $1,328,700, to provide funding for the positions authorized under this subsection and to provide pay increases to state crime laboratory analysts under s. 230.12 (13).

SB127,22,9 (8) Increase in court appointment rate. In the schedule under s. 20.005 (3) for the appropriation to the circuit courts under s. 20.625 (1) (cg), the dollar amount for fiscal year 2019-20 is increased by $2,500,000 to fund court appointments made at county expense. In the schedule under s. 20.005 (3) for the appropriation to the circuit courts under s. 20.625 (1) (cg), the dollar amount for fiscal year 2020-21 is increased by $5,000,000 to fund court appointments made at county expense.

SB127,22,10 (End)