DOA:......Richter, BB0538 - Public defender: private bar attorney compensation
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
COURTS AND PROCEDURE
Public defender
Private bar reimbursement rate for cases involving violent crimes
Under current law, the state public defender provides legal representation for indigent persons in criminal, delinquency, and certain related cases. The SPD assigns cases either to staff attorneys or to local private attorneys. Generally, a private attorney who is assigned a case by the SPD on or after July 1, 2023, is paid $100 per hour for time spent related to the case and $50 per hour for time spent in travel related to a case. This bill increases the rate the private attorney is paid for cases to $125 per hour if the case is assigned on or after July 1, 2025, and involves a charge of a violent crime. The bill does not change the rate for cases that do not involve a charge of a violent crime or for travel.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 977.08 (4m) (e) of the statutes is amended to read:
977.08 (4m) (e) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 1, 2023, private local attorneys shall be paid $100 per hour for time spent related to a case, excluding travel, and for cases assigned on or after July 1, 2025, private local attorneys shall be paid $125 per hour for time spent related to a case, excluding travel, if any crime charged is a violent crime, as defined in s. 165.84 (7) (ab). For cases assigned on or after July 1, 2023, private local attorneys shall be paid $50 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney’s principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney’s principal office.
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