977.05(4)(am)
(am) Establish a case management system for use by the trial and appellate staff attorneys of the office of the state public defender. The system shall require the attorneys to record time spent on each case and to classify or describe the type of work done.
977.05(4)(b)
(b) Be the chief legal officer of the office of the state public defender and make all final decisions regarding the disposition of any case handled by the office.
977.05(4)(c)
(c) Prepare and submit to the board for its approval the biennial budget of the office of the state public defender.
977.05(4)(cm)
(cm) Appoint one deputy, the number of division administrators specified in
s. 230.08 (2) (e) 8m. and all staff attorneys in the unclassified service and appoint all other employes in the classified service.
977.05(4)(d)
(d) Prepare and submit to the board for its approval such personnel and employment policies as the board shall require.
977.05(4)(e)
(e) Prepare and submit to the board and such other persons as may be appropriate an annual report of the activities of the office in such form as the board shall direct.
977.05(4)(f)
(f) Determine when and where it is necessary to establish offices for the state public defender and arrange for the rental of such space consistent with the policy and procedure of the department of administration.
977.05(4)(g)
(g) In accordance with the standards under
pars. (h) and
(j), accept referrals from judges, courts or appropriate state agencies for the determination of indigency of persons who claim or appear to be indigent. If a referral is accepted and if the person is determined to be indigent in full or in part, the state public defender shall appoint counsel in accordance with contracts and policies of the board, and inform the referring judge, court or agency of the name and address of the specific attorney who has been assigned to the case.
977.05(4)(gm)
(gm) In accordance with the standards under
pars. (h) and
(i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children who are entitled to be represented by counsel under
s. 48.23 or
938.23, appoint counsel in accordance with contracts and policies of the board and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.
977.05(4)(h)
(h) Accept requests for legal services from children who are entitled to be represented by counsel under
s. 48.23 or
938.23 and from indigent persons who are entitled to be represented by counsel under
s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.
977.05(4)(i)2.
2. Cases involving persons charged with a felony not specified under
subd. 1.
977.05(4)(i)3.
3. Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under
subd. 1.
977.05(4)(i)4.
4. Cases involving persons subject to emergency detention or involuntary civil commitment under
ch. 51.
977.05(4)(i)5.
5. Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under
s. 48.23 or
938.23.
977.05(4)(i)7.
7. Cases involving paternity determinations, as specified under
s. 767.52, in which the state is the petitioner under
s. 767.45 (1) (g) or in which the action is commenced on behalf of the child by an attorney appointed under
s. 767.045 (1) (c).
977.05(4)(j)
(j) Subject to
sub. (6) (e) and
(f), at the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under
s. 971.17 (7) (b) 1. or
980.03 (2) (a).
977.05(4)(k)
(k) Represent members of the staff of the office of the state public defender who are named as defendants in lawsuits arising from their duties within the office. The attorney general may also, if appropriate, represent such staff members in such litigation. In cases where a member could be represented by either the public defender or the attorney general, the public defender shall determine who shall represent the member.
977.05(4)(L)
(L) Commence actions in the name of the state public defender or any client or group of clients to seek declaratory judgment on any matter of concern to persons being represented by the office.
977.05(4)(m)
(m) Perform all other duties necessary or incidental to the performance of any duty enumerated in this chapter.
977.05(4r)(a)(a) The state public defender may not provide reimbursement for investigative or expert services provided in a case assigned to a staff attorney or to private counsel under
s. 977.08 unless the staff attorney or private counsel has received authorization from the state public defender to retain an investigator or expert.
977.05(4r)(b)
(b) An authorization under
par. (a) shall state a maximum amount that may be reimbursed, and the state public defender may not pay more than that amount except as allowed under the rules promulgated under
s. 977.03 (2).
977.05(5)
(5) Powers. The state public defender may:
977.05(5)(a)
(a) Delegate the legal representation of any person to any member of the state bar of Wisconsin certified under
s. 977.08.
977.05(5)(b)
(b) Designate persons as representatives of the state public defender for the purpose of making indigency determinations and appointing counsel, if applicable.
977.05(5)(c)
(c) Negotiate contracts with the United States or any executive, legislative or judicial branch thereof to provide legal services to persons appearing before the federal district courts located in this state or who are incarcerated in federal custody in this state and to take whatever legal action such representation requires, including appeal or the commencement of any appropriate original actions.
977.05(5)(d)
(d) Negotiate contracts with local public defender organizations as directed by the board.
977.05(5)(e)
(e) Sponsor conferences and training for attorneys and may charge tuition for attendance at the conferences and training. All moneys received shall be deposited in
s. 20.550 (1) (i).
977.05(6)(a)(a) The state public defender may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.
977.05(6)(b)
(b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under
s. 767.30 or
767.305 for failure to pay child or family support, if any of the following applies:
977.05(6)(b)1.
1. The action is not brought by the state, its delegate under
s. 59.458 (1) [59.53 (6) (a)] or an attorney appointed under
s. 767.045 (1) (c).
977.05 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 59.458 was renumbered by
1995 Wis. Act 201. Corrective legislation is pending.
977.05(6)(b)2.
2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.
977.05(6)(c)
(c) The state public defender may not provide legal services or assign counsel for an adult in a criminal case if all of the following apply:
977.05(6)(cm)
(cm) The state public defender may not provide legal services or assign counsel for a child in a juvenile case if all of the following apply:
977.05(6)(e)
(e) The state public defender may not provide legal services or assign counsel for a person who files a motion to modify sentence under
s. 973.19 (1) (a), or for a person who appeals, under
s. 973.19 (4), the denial of a motion to modify sentence filed under
s. 973.19 (1) (a), unless the person does one of the following:
977.05(6)(e)1.
1. Files the notice of intent to pursue postconviction relief within the time limit specified in
s. 809.30 (2) (b) or, if the time limit specified in
s. 809.30 (2) (b) is enlarged under
s. 809.82 (2), within the time limit specified in the order enlarging time.
977.05(6)(f)
(f) The state public defender may not provide legal services or assign counsel in cases involving an appeal or postconviction motion under
s. 809.30 (2) if the notice of intent to pursue postconviction relief is not filed within the time limit specified in
s. 809.30 (2) (b) or, if the time limit specified in
s. 809.30 (2) (b) is enlarged under
s. 809.82 (2), within the time limit specified in the order enlarging time.
977.05(6)(g)
(g) The state public defender may not provide legal services or assign counsel in a proceeding under
s. 973.09 (3) to modify the conditions of a probationer's probation unless all of the following apply:
977.05(6)(g)1.
1. The probationer is contesting the modification of the conditions of probation.
977.05(6)(g)2.
2. The state or the court seeks to modify the conditions of probation to include a period of confinement under
s. 973.09 (4).
977.05(6)(h)
(h) The state public defender may not provide legal services or assign counsel in parole revocation proceedings unless all of the following apply:
977.05(6)(h)2.
2. The department of corrections seeks to have the parolee imprisoned upon the revocation of parole.
977.05(6)(i)
(i) The state public defender may not provide legal services or assign counsel in probation revocation proceedings unless all of the following apply:
977.05(6)(i)1.
1. The probationer is contesting the revocation of probation.
977.05(6)(i)2.
2. The department of corrections seeks to have the probationer imprisoned upon the revocation of probation or a stayed sentence of imprisonment will be imposed on the probationer upon the revocation of probation.
977.05 History
History: 1977 c. 29;
1979 c. 34,
352,
356;
1981 c. 20,
27,
289;
1983 a. 377;
1987 a. 27;
1989 a. 12,
31,
56,
334;
1991 a. 263,
269;
1993 a. 318,
437,
451,
479,
481;
1995 a. 27,
77.
977.05 Note
Judicial Council Note, 1981: Reference in sub. (4) (j) to a "writ" of habeas corpus has been removed because the remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
977.05 Annotation
Where court of appeals refers case under (4) (j), state public defender must explain its decision to court within reasonable time. State v. Alston, 92 W (2d) 893, 288 NW (2d) 866 (Ct. App. 1979).
977.05 Annotation
Public defender's refusal to act under (4) (j) was explained in sufficient detail to demonstrate proper exercise of discretion. State ex rel. Payton v. Kolb, 135 W (2d) 202, 400 NW (2d) 285 (Ct. App. 1986).
977.05 Annotation
Public defender may not be ordered to represent non-indigent parties, except under unique and unusual circumstances. State ex rel. Chiarkas v. Skow, 160 W (2d) 123, 465 NW (2d) 625 (1990).
977.05 Annotation
State public defender, not county, was obligated to pay costs of necessary expert witnesses hired by appointed private attorney without prior approval, as required by rule. Payment of Witness Fees in State v. Huisman, 167 W (2d) 168, 482 NW (2d) 665 (Ct. App. 1992).
977.05 Annotation
Sub. (4r) overrules holding in Huisman that the public defender is liable for expert fees incurred by a private attorney without prior approval but does not overrule Huisman's holding that the public defender and not the county is liable for expert services for indigent defendants. Polk County v. State Public Defender, 179 W (2d) 312, 507 NW (2d) 576 (Ct. App. 1993). See also Polk County v. State Public Defender, 188 W (2d) 665, 524 NW (2d) 389 (1994).
977.05 Annotation
Read together, s. 809.32 (4) and 977.05 (4) (j) create a statutory, but not constitutional, right to counsel in petitions for review and cases before any court, provided counsel does not determine the appeal to be without merit. Where counsel fails to timely file a petition for review, the defendant may petition for a writ of habeas corpus and the supreme court has the power to allow late filing. Schmelzer v. Murphy, 201 W (2d) 246, 548 NW (2d) 45 (1996).
977.05 Annotation
Public defender has discretion under (4) (j) to refuse appointment for indigents in conditions of confinement cases and in cases seeking post-conviction and post-commitment remedies where there is no absolute right to counsel.
71 Atty. Gen. 211.
977.05 Annotation
Public defender may represent indigent material witnesses subject to 969.01 (3) bail provisions so long as this does not create conflict of interest with another client, but may not represent indigent in civil forfeiture action unless that action is reasonably related to one for which indigent is entitled to counsel.
72 Atty. Gen. 61.
977.05 Annotation
Public defender who declined to pursue frivolous appeal did not violate prisoner's constitutional rights. Polk County v. Dodson, 454 US 312 (1981).
977.06
977.06
Indigency determinations; redeterminations; verification; collection. 977.06(1)
(1)
Duties. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following:
977.06(1)(a)
(a) Verify the information necessary to determine indigency under
s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under
sub. (1m), income records, value of assets, eligibility for public assistance, as defined in
s. 106.215 (1) (fm), and claims of expenses.
977.06(1)(b)
(b) Redetermine indigency during the course of representation of persons receiving representation.
977.06(1)(c)
(c) Record the amount of time spent on each case by the attorney appointed under
s. 977.08.
977.06(1)(d)
(d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.
977.06(1m)
(1m) Application for representation. The state public defender shall request each person seeking to have counsel assigned for him or her under
s. 977.08, other than a child who is entitled to be represented by counsel under
s. 48.23 or
938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse and dependent children, if any.
977.06(2)(a)(a) A person seeking to have counsel assigned for him or her under
s. 977.08, other than a child who is entitled to be represented by counsel under
s. 48.23 or
938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under
s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.
977.06(2)(am)
(am) A person seeking to have counsel assigned for him or her under
s. 977.08, other than a child who is entitled to be represented by counsel under
s. 48.23 or
938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under
par. (b).
977.06(2)(b)
(b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.
977.06(3)(a)(a) Unless the court has made an adjustment under
s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may adjust the amount of payment for counsel.
977.06(3)(b)
(b) The state public defender may petition a court that ordered payment under
s. 757.66,
973.06 (1) (e) or
977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time.
977.06(4)(a)(a) A circuit court may review any indigency determination upon its own motion or the motion of the defendant and shall review any indigency determination upon the motion of the district attorney or the state public defender. The court, district attorney or state public defender may summon the defendant. The defendant may be compelled to testify only as to his or her financial eligibility under this section. If the defendant refuses to testify, the court may find the defendant is not eligible to have counsel assigned for him or her under
s. 977.08. If the defendant testifies at this hearing, his or her testimony as to his or her financial eligibility under this section may not be used directly or indirectly in any criminal action, except in a criminal action regarding a subsequent charge of perjury or false swearing.
977.06(4)(b)
(b) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under
s. 977.07 only if the state public defender or a circuit court finds all of the following:
977.06(4)(b)2.
2. The person disposed of an asset for less than its fair market value for the purpose of obtaining assignment of counsel.
977.06(4)(c)
(c) Paragraph (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.
977.06 History
History: 1995 a. 27 ss.
7269 to
7272,
7274m to
7281;
1995 a. 77,
417.
977.07
977.07
Determination of indigency.
