Chapter PD 2

PD 2.07(1)(b)1. 1. It appears that the attorney had a reasonable expectation of receiving his or her entire fee when he or she was retained;

PD 2.07(1)(b)2. 2. The necessity for publicly compensating this retained counsel has occurred no more than once in the preceding 12 months; and

PD 2.07(1)(b)3. 3. The state public defender, client and attorney consent.

PD 2.07(2) (2) Under no circumstances shall the state public defender compensate counsel for services rendered prior to the effective date of assignment by the state public defender.

PD 2.07(3) (3) The method provided under s. PD 4.025 shall be used to calculate the compensation by the state public defender of the private attorney appointed under sub. (1).

PD 2.07 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (b) 2., r. (2) and (4), renum. (3) to be (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1) (intro), (a) and (b) 3., cr. (3), Register, April, 1990, No. 412, eff. 5-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

PD 2.08 PD 2.08 Court’s right to review indigency determination.

PD 2.08(1) (1) Any person determined by the state public defender not to be eligible for publicly compensated counsel may request that the court having jurisdiction over the case review the state public defender’s indigency determination.

PD 2.08(2) (2) After affording the defendant and a staff attorney of the state public defender the opportunity to be heard, such court may order the state public defender to provide representation, and the state public defender shall assign counsel.

PD 2.08(3) (3) Court-ordered representation shall not preclude a finding of partial indigency and the requirement that the person make partial payment to the state public defender as provided by ch. PD 6.

PD 2.08 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (3), Register, November, 1984, No. 347, eff. 12-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., October, 1998, No. 514.

PD 2.09 PD 2.09 Special types of representation. In the following types of cases private local counsel may be assigned from the indicated certification lists:

PD 2.09(1) (1) Probation, parole, or juvenile aftercare revocation cases — from the certified list relating to the original offense.

PD 2.09(2) (2) Extradition cases — from felony or misdemeanor certification list.

PD 2.09(3) (3) Habeas corpus cases (prior to conviction) — from certified list relating to the original offense.

PD 2.09(4) (4) Habeas corpus cases, after conviction — from appellate certification lists or from certification lists relating to the original offense.

PD 2.09(5) (5) Post-conviction motion cases — from appellate certification lists or from certification lists relating to the original offense.

PD 2.09(6) (6) Paternity and contempt cases — from appellate certification lists or misdemeanor or felony certification lists.

PD 2.09(7) (7) Extraordinary remedy cases — from felony, misdemeanor or appellate certification lists, depending on nature of case.

PD 2.09(8) (8) Civil or criminal mental reexamination cases — from certification lists relating to the original proceeding.

PD 2.09 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), (4) to (8), Register, November, 1984, No. 347, eff. 12-1-84.

PD 2.10 PD 2.10 Written notice of assignment.

PD 2.10(1) (1) As soon as a regular assignment of counsel is made, the representative of the state public defender shall provide the clerk of court having jurisdiction over that case, in writing, the name, address, and telephone number of the attorney providing representation.

PD 2.10(2) (2) In cases assigned to local private counsel, the representative of the state public defender shall send that attorney written confirmation of the assignment showing:

PD 2.10(2)(a) (a) The effective date of the assignment;

PD 2.10(2)(b) (b) The type of case, including the court and case number (if known);

PD 2.10(2)(c) (c) The client’s full name, address, phone number, and present location;

PD 2.10(2)(d) (d) Information regarding compensation as provided in ch. PD 4.

PD 2.10 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

PD 2.11 PD 2.11 Appellate representation.

PD 2.11(1) (1) Appellate representation shall be considered a separate case and reassigned under s. PD 2.03.

PD 2.11(2) (2) The state public defender shall assign to independent private counsel any case in which a staff attorney of the state public defender’s office provided trial representation and it is arguable that the client was not afforded effective representation.

PD 2.11 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475.

PD 2.12 PD 2.12 Investigative and expert services for private attorneys.

PD 2.12(1) (1) The state public defender may make available to private attorneys assigned under these provisions the services of staff investigators. In the event a staff investigator is not available or is providing services in a conflicting case, the state public defender may authorize the private attorney to retain investigatory services that may reasonably be required, and the investigator shall be compensated by the state public defender.

PD 2.12(2) (2) If a private attorney assigned under these provisions finds it necessary to retain expert assistance, the attorney shall apply to the state public defender for permission to retain that expert assistance. The state public defender may approve the request. In the event of approval, the state public defender shall provide reimbursement for the assistance.

PD 2.12 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84; emerg. cr. (3) and (4), eff. 2-26-92.

PD 2.13 PD 2.13 Staff attorney representation of non-indigent clients. If a court appoints a state public defender staff attorney to represent a non-indigent client, the state public defender shall receive reimbursement from the county for the cost of the state public defender staff attorney’s representation as follows:

PD 2.13(1) (1) For legal services rendered, at a rate which is in accordance with chapter 81, Wisconsin Supreme Court Rules.

PD 2.13(2) (2) For expenses incurred incident to representation such as, but not limited to, costs for travel, witnesses, discovery or experts, at a rate at which a private attorney would be reimbursed by the county.

PD 2.13 History History: Cr. Register, November, 1991, No. 431, eff. 12-1-91.