CHAPTER 977
STATE PUBLIC DEFENDER
977.01 Definitions.
977.02 Board; duties.
977.03 Board; powers.
977.04 Board; restrictions.
977.05 State public defender.
977.06 Indigency determinations; redeterminations; verification; collection.
977.07 Determination of indigency.
977.075 Payment for legal representation.
977.076 Collections.
977.077 Deposit of payments received.
977.08 Appointment of counsel.
977.085 Quarterly report procedure.
977.09 Confidentiality of files.
Ch. 977 Cross-reference Cross-reference: See definitions in s. 967.02.
Ch. 977 Cross-reference Cross Reference: See also PD, Wis. adm. code.
977.01 977.01 Definitions. In this chapter, unless the context requires otherwise, "board" means the public defender board.
977.01 History History: 1977 c. 29.
977.02 977.02 Board; duties. The board shall:
977.02(1) (1) Appoint the state public defender and establish the state public defender's salary under s. 20.923.
977.02(2) (2) Submit the budget of the state public defender to the governor after such budget is submitted to the board by the state public defender and approved by the board.
977.02(2m) (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for children who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4).
977.02(3) (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children who are entitled to be represented by counsel under s. 48.23 or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.
977.02(4) (4) Promulgate rules regarding the determination of payments required of persons found to be indigent in part.
977.02(4m) (4m) Promulgate rules for payments to the state public defender under s. 977.075.
977.02(4r) (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1).
977.02(5) (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.
977.02(6) (6) Promulgate rules to accommodate the handling of certain potential conflict of interest cases by the office of the state public defender. The rules shall not provide for the automatic referral of all potential conflict of interest cases to private counsel.
977.02(7) (7) Review decisions of the state public defender regarding bill payments, as provided under s. 977.08 (4). The board may affirm, modify or reject the decision of the state public defender.
977.02(7m) (7m) Establish agreements with the state bar association, local bar associations, law firms and private counsel designed to encourage a certain amount of legal representation under this chapter without compensation as a service to the state.
977.02(7r) (7r)
977.02(7r)(a)(a) Promulgate rules to allow the reduction of payment rates for cases assigned by the state public defender under s. 977.08 (4m) for any of the following:
977.02(7r)(a)1. 1. A reduction of not more than $2 per hour for time spent in court.
977.02(7r)(a)2. 2. A reduction of not more than $2 per hour for time spent out of court, excluding travel.
977.02(7r)(b) (b) Any reduction under par. (a) applies to cases assigned on or after the effective date of the applicable rule promulgated under par. (a).
977.02(8) (8) Perform all other duties necessary and incidental to the performance of any duty enumerated in this chapter.
977.02 Cross-reference Cross Reference: See also PD, Wis. adm. code.
977.03 977.03 Board; powers.
977.03(1)(1) The board may remove the state public defender pursuant to the procedure under s. 977.05 (2). The board may enter into contracts with federal governmental agencies and local public defender organizations for the provision of legal services under this chapter.
977.03(2) (2) The board may promulgate rules to establish exceptions to limiting the amount that may be reimbursed for investigative or expert services under s. 977.05 (4r).
977.03(2m) (2m) The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1) from a prisoner's prison financial account.
977.03(3) (3) The state public defender may establish procedures by rule under which the state public defender may appoint attorneys without regard to s. 977.08 (3) (c) and (d) based on the state public defender's evaluation of the attorneys' performance.
977.03 History History: 1977 c. 29; 1991 a. 269; 1993 a. 437; 1995 a. 27, 77.
977.03 Cross-reference Cross Reference: See also PD, Wis. adm. code.
977.04 977.04 Board; restrictions. The board shall not make any decision regarding the handling of any case nor interfere with the state public defender or any member of his or her staff in carrying out professional duties.
977.04 History History: 1977 c. 29.
977.05 977.05 State public defender.
977.05(1) (1)Appointment. The board shall appoint a state public defender, who shall be a member of the State Bar of Wisconsin. The state public defender shall serve for a period of 5 years and shall continue until a successor is appointed, except that at the conclusion of the 5-year term of the state public defender in office as of July 1, 1980, the state public defender shall be appointed to serve at the pleasure of the board. He or she shall devote full time to the performance of duties as state public defender.
977.05(2) (2)Removal. During a 5-year term commencing prior to July 1, 1980, the state public defender may be discharged only for cause by the board after a public hearing. If the state public defender is serving at the pleasure of the board, he or she is subject to removal under s. 17.07.
977.05(3) (3)Salary. The salary of the state public defender shall not be decreased while he or she serves in that position.
977.05(4) (4)Duties. The state public defender shall:
977.05(4)(a) (a) Supervise the operation, activities, policies and procedures of the office of the state public defender.
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 employees in the classified service.
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