Wisconsin Administrative Code Public Defender Board
Here’s a refined overview of the Wisconsin Administrative Code governing the Public Defender Board (Agency PD):
📗 Chapter PD 1 – Certification & Board Administration
PD 1.01 et seq. — Certification procedures: defines how private attorneys qualify and maintain certification for appointment in public-defense roles (docs.legis.wisconsin.gov).
Includes Appendix C, detailing appellate certification list requests and qualifications for attorneys handling serious cases like Chapter 980 sex‑offender commitments (casetext.com).
PD 1.04 — Certification lists: sets criteria (e.g., minimum cases handled, specialized training) for attorneys eligible to serve in various types of defense roles .
📘 Chapter PD 2 – Assignment Procedures
This chapter outlines how attorneys are assigned to indigent clients and manages conflict and emergency coverage:
PD 2.01 – Definitions.
PD 2.02 – Emergency assignments (e.g., after-hours, weekend court).
PD 2.03 – Regular assignment procedures: describes the process for judicial or Public Defender Office assignment (law.cornell.edu).
PD 2.04 – Client’s right to refuse a specific attorney.
PD 2.05 – Conflict-of-interest cases assignment protocol.
PD 2.06 – Rules governing private counsel assignments in certain counties.
PD 2.07 – Transition from private-retained counsel to public representation.
PD 2.08 – Courts’ ability to review indigency determinations.
PD 2.09 – Special representation (e.g., juveniles, Chapter 980 cases).
PD 2.10 – Requirement to provide written notice upon assignment.
PD 2.11 – Appellate representation assignments.
PD 2.12 – Investigative and expert services for private attorneys.
PD 2.13 – Staff attorney representation of non-indigent clients (law.cornell.edu).
⚖️ Authority & Legal Basis
The Public Defender Board operates under statutory authority (Wis. Stat. §§ 977.02 and 977.08), which empowers it to:
Appoint a State Public Defender and oversee the statewide public defense system,
Establish certification and assignment procedures,
Approve fee schedules for court-appointed attorneys.
The administrative rules (PD 1 & PD 2) flesh out these statutory mandates by setting detailed standards for who can serve and how representation is assigned, including addressing emergencies, conflicts, and appellate representation.
🔍 Accessing the Documents
Legislative-text PDFs for PD 1 and PD 2 are available via the Wisconsin Legislature’s Administrative Code site.
Legal databases like LII, CaseText, and Justia offer searchable versions including appendices and cross-references.
✅ Summary
Chapter PD 1 focuses on attorney certification—eligibility criteria, specialties, and certification lists.
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