AB698: Bill Text

AB698,,68 799.40 (4) (c) The court shall stay the proceedings in a civil action of eviction against a residential tenant who is not represented by counsel if the tenant requests the appointment of counsel under s. 799.20 (3) or the tenant, in an inquiry under s. 799.20 (4) (a), does not waive the tenant’s right to counsel. If the court grants a stay under this paragraph, the stay remains in effect until counsel is appointed for the tenant under s. 799.425 (2) or (3), the tenant retains counsel of the tenant’s own choosing, or the tenant waives the tenant’s right to counsel as provided under s. 799.425 (1) (b), whichever occurs first. Notwithstanding s. 704.17 (4), the tenant is entitled to continued possession or occupancy of the residential premises while the stay remains in effect. When the court lifts the stay, the court shall set a new return date.

AB698,23 Section 23. 799.41 (1) of the statutes is amended to read:

AB698,,70 799.41 (1) The complaint in an eviction action shall be in writing and subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint shall identify the parties and the real property which that is the subject of the action, specify whether the real property is residential, and state the facts which that authorize the removal of the defendant. The description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description by street name and number is sufficient. If the complaint relates only to a portion of described real estate property, that portion shall be identified. If a claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim shall be separately stated. The prayer shall be for the removal of the defendant or the property or both and, if an additional claim is joined, for the other relief sought by the plaintiff.

AB698,24 Section 24. 799.425 of the statutes is created to read:

AB698,,72 799.425 Right to counsel in residential eviction actions. (1) Right to legal representation. (a) Except as provided in pars. (b) and (c), in an action of eviction against a tenant whose residential tenancy has been terminated for any reason, the tenant shall be afforded legal representation at all stages of the proceedings.

AB698,,73 (b) A residential tenant may waive the tenant’s right to counsel under par. (a) if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver.

AB698,,74 (c) A residential tenant is presumed to have waived the tenant’s right to counsel under par. (a) if the tenant does any of the following:

AB698,,75 1. Fails to request the appointment of counsel under s. 799.20 (3) and fails to appear on the return date or on the date set for trial as provided under s. 799.22 (2).

AB698,,76 2. Retains counsel of the tenant’s own choosing who enters a notice of appearance on behalf of the tenant.

AB698,,77 (d) In a proceeding under s. 799.14 (1) to set aside a judgment entered or for an opportunity to be heard upon the merits, a residential tenant who waived the tenant’s right to counsel under par. (b) or who is presumed to have waived the tenant’s right to counsel under par. (c) is entitled to legal representation under par. (a). If it appears that the tenant is not represented by counsel in the proceeding, the court shall make the inquiry of the tenant described under s. 799.20 (4) (a).

AB698,,78 (2) Power of court to appoint counsel. At any time, upon request or on the court’s own motion, the court may appoint counsel for a residential tenant entitled to legal representation under sub. (1) (a).

AB698,,79 (3) Providing counsel. If a residential tenant is entitled to legal representation under sub. (1) (a) and the tenant does not waive, and is not presumed to have waived, the tenant’s right to counsel under sub. (1) (b) or (c), the court shall refer the tenant to the state public defender, and the state public defender shall appoint counsel under s. 977.08 without a determination of indigency.

AB698,,80 (4) Discharge of counsel. If a residential tenant waives, or is presumed to have waived, the tenant’s right to counsel under sub. (1) (b) or (c), the court may discharge counsel.

AB698,,81 (5) Retained counsel. Notwithstanding subs. (1) to (3), a residential tenant is entitled to retain counsel of the tenant’s own choosing at the tenant’s own expense.

AB698,25 Section 25. 977.02 (2m) of the statutes is amended to read:

AB698,,83 977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for persons who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4), or 980.03 (2) (a).

AB698,26 Section 26. 977.05 (4) (gm) of the statutes is amended to read:

AB698,,85 977.05 (4) (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 or persons who are entitled to be represented by counsel under s. 51.60, 55.105, 799.425, or 980.03 (2) (a), 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.

AB698,27 Section 27. 977.05 (4) (i) 10. of the statutes is created to read:

AB698,,87 977.05 (4) (i) 10. Cases involving persons who are entitled to counsel under s. 799.425.

AB698,28 Section 28. 977.08 (1) of the statutes is amended to read:

AB698,,89 977.08 (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), 51.60, 55.105, 799.425, 938.23 (4), or 980.03 (2) (a), 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.

AB698,29 Section 29. 977.08 (2) (intro.) of the statutes is amended to read:

AB698,,91 977.08 (2) (intro.) 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 persons referred under s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4), or 980.03 (2) (a) and indigent clients in the following:

AB698,30 Section 30. 977.08 (2) (i) of the statutes is created to read:

AB698,,93 977.08 (2) (i) Cases involving persons who are entitled to counsel under s. 799.425.

AB698,31 Section 31. Initial applicability.

AB698,,95 (1) The treatment of ss. 704.145 (2), 704.17 (4), 799.05 (8), 799.12 (6) (c), 799.14 (2), 799.16 (3) (b) and (4) (d), 799.20 (1) and (3), 799.22 (4) (b) 4., 799.40 (4) (c), 799.41 (1), and 799.425, the renumbering and amendment of s. 799.20 (4), and the creation of s. 799.20 (4) (a) first apply to a residential eviction action commenced on the effective date of this subsection.

AB698,,96 (2) The treatment of s. 704.145 (1) first applies to a residential rental agreement or addendum to an agreement entered into, modified, or renewed on the effective date of this subsection.

AB698,,97 (end)