Wisconsin Administrative Code Public Defender Board
The Wisconsin Administrative Code for the Public Defender Board (which oversees the Wisconsin State Public Defender's Office) is primarily found under Chapter PD. These rules are essential for the operation of the State Public Defender (SPD) system, which provides legal representation to indigent individuals in criminal, juvenile, civil commitment, termination of parental rights, and other specific legal proceedings.
The Public Defender Board is a nine-member citizen board that governs the Office of the State Public Defender. Its duties, as outlined in Wisconsin Statutes (e.g., Chapter 977) and reflected in the administrative code, include:
Overseeing the Office of the State Public Defender: This involves setting policies and procedures for the agency that provides legal services to those unable to afford counsel.
Budget Submission: Submitting the SPD's budget to the Governor.
Rule Promulgation: Developing and enforcing rules related to key aspects of public defense.
Reviewing Decisions: Reviewing certain decisions made by the State Public Defender.
Here are the key areas covered by the Wisconsin Administrative Code, Chapter PD:
Chapter PD 1 - Certification: This is a crucial chapter that outlines the process and criteria for attorneys (both staff public defenders and private bar attorneys) to be certified to accept public defender cases. It covers:
Application and recertification procedures.
Qualifications and experience requirements for attorneys.
Grounds for denying, suspending, returning to provisional certification, or decertifying an attorney.
The appeal process for attorneys challenging certification decisions.
The State Public Defender's discretion in making certification decisions, considering factors like an attorney's disciplinary record, competence, and adherence to professional conduct.
Chapter PD 2 - Assignment Procedure: This chapter details how cases are assigned to public defender staff attorneys and private bar attorneys. It also addresses:
Procedures for requesting and utilizing investigative and expert services for private attorneys handling SPD cases.
Chapter PD 3 - Indigency Criteria: This chapter establishes the rules for determining who is financially eligible for public defender services. It specifies:
The criteria and methodology for assessing an applicant's income, assets, family size, and essential expenses.
Rules for determining "partial indigency" where a client may be required to pay a portion of the representation costs.
Consideration of anticipated costs of effective representation and how assets and income are treated.
Chapter PD 4 - Private Attorney Payment: This chapter sets forth the rules for how private attorneys, appointed by the SPD, are compensated for their work. It covers:
Billing procedures.
Review of attorney bills to ensure reasonableness of time billed.
The appeal process for private attorneys who wish to challenge a denial or reduction of their bill by the SPD.
Chapter PD 5 - Adversary Representation: This chapter likely defines terms and procedures related to the nature of legal representation provided by the public defender, including the role of "stand-by counsel."
Chapter PD 6 - Payment for State Public Defender Representation: This chapter focuses on mechanisms for clients to reimburse the State Public Defender for services provided, particularly for those determined to be partially indigent or when circumstances change. It includes rules on:
Determination of ability to pay.
Handling multiple related charges or appointments.
Reimbursement from clients with changed circumstances.
Reimbursement from parents of juveniles or persons in civil commitment proceedings.
Referral to the Department of Administration for collection.
Chapter PD 8 - Discovery Payments: This chapter likely governs the payment procedures for costs associated with discovery materials (e.g., copies of evidence, reports) in cases handled by the public defender.
In essence, the Wisconsin Administrative Code for the Public Defender Board provides the detailed regulatory framework for the State Public Defender's Office to fulfill its constitutional mandate of providing legal representation to indigent individuals, ensuring a fair and just legal process in Wisconsin.
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