977.07 Annotation
The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide by telephone that information necessary for the public defender to assess the need to make an indigency determination in person under s. 977.07 (1) for an inmate who has requested counsel and claims indigency.
78 Atty. Gen. 133.
977.075
977.075
Payment for legal representation. 977.075(1)
(1) The board shall establish by rule fixed amounts as flat payments for the cost of representation that a person, other than a parent subject to
s. 48.275 (2) (b) or
938.275 (2) (b), who is responsible for payment for legal representation, may elect to pay. The rule shall require all of the following:
977.075(1)(a)
(a) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.
977.075(1)(b)
(b) The person may pay the fixed amount only at the beginning of the representation.
977.075(3)
(3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to
s. 48.275 (2) (b) or
938.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
977.075(4)
(4) The board may establish by rule a procedure for collecting a nonrefundable partial payment within 60 days after the commencement of representation for legal services from persons who are responsible for payment for legal representation. This subsection does not apply to a parent who is subject to
s. 48.275 (2) (b) or
938.275 (2) (b).
977.075(5)
(5) The rules under
subs. (3) and
(4) do not apply to a person who has paid under
sub. (1).
977.075 History
History: 1995 a. 27,
77.
977.075 Cross-reference
Cross Reference: See also ch.
PD 6, Wis. adm. code.
977.076(1)(1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under
s. 806.10. Except as provided in
ss. 48.275 (2) (b) and
938.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under
s. 977.075 (3).
977.076(2)
(2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under
sub. (1) or
s. 48.275 (2),
757.66,
938.275 (2) (a) or
973.06 (1) (e). The department may contract with a private collection agency to collect these payments.
Section 16.705 does not apply to a contract under this subsection.
977.076 History
History: 1995 a. 27,
77,
352,
417;
1997 a. 35.
977.077
977.077
Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to
s. 977.07,
977.075 or
977.076 shall be deposited in the state treasury and credited to the appropriation under
s. 20.550 (1) (L).
977.077 History
History: 1995 a. 27.
977.08
977.08
Appointment of counsel. 977.08(1)
(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), the state public defender shall assign counsel according to
subs. (3) and
(4). If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.
977.08(2)
(2) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent children referred under
s. 48.23 (4) and indigent clients in the following:
977.08(2)(b)
(b) Cases involving persons charged with a felony not specified under
par. (a).
977.08(2)(c)
(c) Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under
par. (a).
977.08(2)(d)
(d) Cases involving persons subject to emergency detention or involuntary civil commitment under
ch. 51.
977.08(2)(e)
(e) 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.
977.08(2)(g)
(g) Cases involving persons entitled to counsel under
ch. 48.
977.08(3)(a)(a) Attorneys notified under
sub. (2) shall have a reasonable time to submit their names for inclusion on any or all of the lists. Attorneys shall, in submitting their names, set forth their legal education and experience which qualifies them to provide representation in the types of cases they have expressed an interest in handling. The state public defender shall compile a list of the names and qualifications submitted.
977.08(3)(b)
(b) 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 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.