Chapter PD 1

Chapter PD 1

CERTIFICATION

PD 1.01   Annual review.

PD 1.02   Certification of newly admitted attorneys.

PD 1.03   Certification application and decisions.

PD 1.035   Requirements for certification.

PD 1.037   Provisional certification.

PD 1.04   Certification lists.

PD 1.05   Appeal of certification decisions.

PD 1.07   Voluntary removal.

PD 1.075   Inactive status.

PD 1.08   Access to files.

Ch. PD 1 Note Note: Chapter SPD 1 was renumbered chapter PD 1 under s. 13.93 (2m) (b) 1., Stats., Register, July, 1995, No. 475.

PD 1.01 PD 1.01 Annual review.

PD 1.01(1) (1) The state public defender shall annually notify each active member of the state bar of Wisconsin of the procedure for applying for certification under the provisions of s. 977.08, Stats. Publication of a notice in the publication of the state bar of Wisconsin constitutes notice.

PD 1.01(2) (2) The state public defender shall annually update its certification list under s. 977.08, Stats., regarding the availability of private attorneys to be appointed to state public defender matters.

PD 1.01 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; r. and recr. (1) and (2), r. (3), Register, November, 1984, No. 347, eff. 12-1-84.

PD 1.02 PD 1.02 Certification of newly admitted attorneys. The state public defender shall provide the Wisconsin supreme court and the state bar of Wisconsin with materials to insure that every person admitted to the state bar after January 1, 1978, is provided with information for applying for certification under s. 977.08, Stats.

PD 1.02 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84.

PD 1.03 PD 1.03 Certification application and decisions.

PD 1.03(1) (1) Application form. The state public defender shall prepare an application form to be completed by attorneys seeking certification or recertification as provided in s. 977.08 (3), Stats. The state public defender shall notify in writing each attorney who has submitted an application of the county or counties and the cases for which the attorney is certified to accept appointments, if any.

PD 1.03 Note Note: Certification application forms and information are published as ch. PD 1 Appendix A to E and are available on the public defender website, www.wisspd.org, or from the Assigned Counsel Division, Office of the State Public Defender, P.O. Box 7923, Madison, WI 53707-7923, phone [phone]. The link to the current certification application is: http://www. wisspd.org/html/acd/certform.pdf.

PD 1.03(2) (2) Public defender’s certification decision.

PD 1.03(2)(a) (a) For cause, the state public defender may take any of the following actions regarding an attorney’s certification status:

PD 1.03(2)(a)1. 1. Deny an application for certification or recertification.

PD 1.03(2)(a)2. 2. Return an attorney to provisional certification under s. PD 1.037.

PD 1.03(2)(a)3. 3. Exclude an attorney from any certification list in s. PD 1.04.

PD 1.03(2)(a)4. 4. Suspend an attorney’s certification status under sub. (3).

PD 1.03(2)(a)5. 5. Decertify an attorney under sub. (4).

PD 1.03(2)(a)6. 6. Caution an attorney.

PD 1.03(2)(a)7. 7. Impose conditions upon an attorney’s continued certification.

PD 1.03(2)(a)8. 8. Take any other action that is consistent with the best interests of clients, the interests of justice, or the interests of the state public defender.

PD 1.03(2)(b) (b) The state public defender shall inform the attorney in writing of the reasons for the adverse certification decision and the manner by which the attorney may appeal the decision.

PD 1.03(3) (3) Suspension.

PD 1.03(3)(a) (a) The state public defender may suspend the attorney from any or all of the certification lists in s. PD 1.04 under any of the following circumstances:

PD 1.03(3)(a)1. 1. Pending the outcome of the investigation into the attorney’s performance; an allegation of fraudulent, unreasonable or inaccurate billing practices or other misconduct; or of failure to comply with any provision of this chapter.

PD 1.03(3)(a)2. 2. In response to a request for decertification.

PD 1.03(3)(b) (b) The suspension under par. (a) may not exceed 120 days, exclusive of any time attributable to the lack of cooperation from the attorney under investigation. The state public defender may extend the suspension by a period not to exceed an additional 30 days in order to complete the investigation. Suspensions that exceed these time limits may be appealed under s. PD 1.05.

PD 1.03(4) (4) Decertification. Any interested party may request in writing that an attorney, previously certified to accept cases from the state public defender, be decertified for cause. Upon receipt of a request, the state public defender shall conduct an investigation. Upon a finding of cause, the state public defender may decertify the attorney and exclude the attorney from any or all of the certification lists in s. PD 1.04. An attorney seeking reinstatement to a certification list following decertification shall submit an application as provided in sub. (1).

PD 1.03(5) (5) Discretionary considerations. The state public defender’s exercise of discretion and determination whether cause exists to take any action under this chapter may include consideration of any of the following factors:

PD 1.03(5)(a) (a) In this or any other jurisdiction, the attorney is or has been disbarred, has or has had his or her license to practice law suspended, or has surrendered his or her license to practice law.

PD 1.03(5)(b) (b) The attorney fails or has failed to meet the education or experience requirements under this chapter.

PD 1.03(5)(c) (c) The attorney’s conduct while employed by the state public defender, another law office or another governmental agency in Wisconsin or in another jurisdiction raises a concern about the attorney’s character, performance, ability or behavior.

PD 1.03(5)(d) (d) The attorney engages or has engaged in fraudulent, unreasonable or inaccurate billing to the state public defender or any other governmental agency or organization.

PD 1.03(5)(e) (e) The attorney fails or has failed to meet minimum attorney performance standards adopted by the state public defender or to comply with the supreme court rules of professional conduct for attorneys.

PD 1.03(5)(f) (f) The attorney fails or has failed to follow the state public defender’s procedures for billing or for approval of expenses.

PD 1.03(5)(g) (g) The attorney is or has been the subject of a formal complaint filed by the office of lawyer regulation with the supreme court or filed with an organization that is responsible for enforcement of lawyer regulation in any other jurisdiction.

PD 1.03(5)(h) (h) The attorney is or has been the subject of a finding of dishonesty or incapacity by the client protection fund in an award to a claimant.

PD 1.03(5)(i) (i) The attorney is convicted of any crime that reflects adversely on the attorney’s honesty, trustworthiness or fitness as a lawyer.

PD 1.03(5)(j) (j) The attorney engages in conduct contrary to the interests of clients, the interests of justice, or the interests of the state public defender.

PD 1.03(5)(k) (k) The attorney is barred by statute from engaging in criminal or other public defender case representation.

PD 1.03(5)(L) (L) The attorney fails or has failed to cooperate with an investigation under this chapter.

PD 1.03(5)(m) (m) The conduct of an attorney that formed the basis for voluntary removal or for an investigation or decision regarding the attorney’s license to practice law, certification to accept appointments, or billing practices, in Wisconsin or in any other jurisdiction continues to raise a concern about the attorney’s character, performance, ability or behavior.

PD 1.03(5)(n) (n) The attorney requests to be removed from any or all certification lists at a time when the attorney is the subject of a pending inquiry or investigation concerning performance or billing practices.

PD 1.03(5)(o) (o) The attorney fails to comply with this chapter.

PD 1.03(5)(p) (p) The state public defender learns of any other information that raises a concern about the attorney’s character, performance, ability or behavior.

PD 1.03 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; CR 09-067: am. (title), renum. to be (1) and am., cr. (2) to (5) Register June 2010 No. 654, eff. 7-1-10.