Chapter PD 4

PD 4.03(5m)(a) (a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purpose. Appearances shall be entered on the record. The board may permit clear and concise opening statements.

PD 4.03(5m)(b) (b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.

PD 4.03(5m)(c) (c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03, Stats.

PD 4.03(5r) (5r) The admission of evidence is governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats.

PD 4.03(6) (6) The state public defender board may deliberate the matter in executive session pursuant to the provisions of s. 19.85 (1) (a), Stats. The board shall issue a written decision either affirming or modifying the decision of the state public defender. The written decision shall be mailed to the attorney within 20 days of the board meeting and shall be signed by an officer of the board.

PD 4.03(7) (7) The board’s written decision shall constitute findings of fact and conclusions of law within the meaning of s. 227.10, Stats.

PD 4.03(7m) (7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of an adverse decision, the time allowed for filing each petition and identification of the party to be named as respondent per s. 227.48 (2), Stats.

PD 4.03(8) (8) In the event the board increases the amount to be paid to the attorney,the state public defender shall immediately authorize payment and request that the state treasurer issue the payment as soon as possible.

PD 4.03 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), (3), (4) and (6), Register, November, 1984, No. 347, eff. 12-1-84; am. (1), renum. (2) to (6) to be (4) to (8), cr. (2) and (3), Register April, 1990, No. 412, eff. 5-1-90; correction in (5) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1990, No 412; emerg. am. (1) (intro.) and (b), eff. 6-14-95; am. (1) (intro.) (b) and (3), Register, October, 1995, No. 478, eff. 11-1-95; CR 24-042: am. (1) (a) to (c), cr. (5m), (5r), (7m) Register July 2025 No. 835, eff. 8-1-25.

PD 4.04 PD 4.04 Attorney compensation from client prohibited. An attorney representing clients for the state public defender program may not solicit, attempt to solicit, or receive compensation from the attorney’s client in addition to any compensation which the attorney has received or expects to receive from the state public defender pursuant to this chapter.

PD 4.04 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

PD 4.05 PD 4.05 Private bar emergency rate reduction.

PD 4.05(1) (1) The state public defender board may reduce the payment rates under s. 977.08 (4m), Stats., by not more that $2 per hour, for either or both of the following:

PD 4.05(1)(a) (a) For time spent in-court.

PD 4.05(1)(b) (b) For time spent out-of-court, excluding travel.

PD 4.05(2) (2) The board may not reduce payment rates unless, after reasonable notice and an opportunity for hearing, the board determines that:

PD 4.05(2)(a) (a) A quarterly report prepared pursuant to s. 977.085, Stats., projects that money appropriated to s. 20.550 (1), Stats., will be depleted prior to the end of the current fiscal year or biennium;

PD 4.05(2)(b) (b) A reduction in payment rates would substantially reduce the projected deficit during the current fiscal year or biennium; and

PD 4.05(2)(c) (c) A reduction in payment rates would not significantly decrease the availability of private attorneys to represent indigent clients under s. 977.08, Stats.

PD 4.05(3) (3) The board may consider other factors, in addition to the prerequisites set forth in sub. (2), in determining whether a rate reduction is appropriate.

PD 4.05(4) (4) The reduction in rates under sub. (1) shall apply only to cases assigned after notice of the board’s action is provided to private attorneys who are listed under s. 977.08 (3), Stats.

PD 4.05(5) (5) If the board orders a reduction in rates, it shall review the need for a continuing reduction at least once every 2 months after the date of the reduction.

PD 4.05(6) (6) Upon review, the board may, in its discretion, terminate the reduction in rates.

PD 4.05(7) (7) Upon review, the board must terminate the reduction in rates if it is determined that funds under s. 20.550 (1), Stats., will not be depleted before the end of the fiscal year or biennium.

PD 4.05 History History: Cr. Register, April, 1990, No. 412, eff. 5-1-90; correction in (2) (a), (7) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

PD 4.06 PD 4.06 Annual attorney hours.

PD 4.06(1) (1) Beginning in calendar year 1995, the state public defender may only reimburse a private attorney for 2080 hours worked in a single calendar year. This rule applies regardless of the year in which the bill for legal services is presented.

PD 4.06(2) (2) An attorney who predicts, based on current and foreseeable workload, that exceptional circumstances will cause his or her billable hours in any calendar year to exceed 2080, may seek advance approval from the state public defender board for payment of additional hours. An application for advance approval must be made in writing, and must include an itemization of hours billed in the calendar year, an itemization of hours worked on pending cases, and the exceptional circumstances justifying payment for excess hours.

PD 4.06(3) (3) An attorney who is denied payment for hours worked under sub. (1) may appeal to the state public defender board, pursuant to the procedures set forth in s. PD 4.03, for a review of the denial of payment. Such appeal must include documentation of the exceptional circumstance justifying payment.

PD 4.06 History History: Emerg. cr. 4.06 eff. 6-14-95; cr. Register, October, 1995, No. 478, eff. 11-1-95.