SB127,26 14Section 26 . 978.03 of the statutes is amended to read:
SB127,13,25 15978.03 Deputies and assistants in certain prosecutorial units. (1) The
16district attorney of any prosecutorial unit having a population of 750,000 or more
17may appoint 7 deputy district attorneys and such assistant district attorneys as may
18be requested by the department of administration, or by the board, and authorized
19in accordance with s. 16.505. The district attorney shall rank the deputy district
20attorneys for purposes of carrying out duties under this section. The deputies,
21according to rank, may perform any duty of the district attorney, under the district
22attorney's direction. In the absence or disability of the district attorney, the deputies,
23according to rank, may perform any act required by law to be performed by the
24district attorney. Any such deputy must have practiced law in this state for at least
252 years prior to appointment under this section.
SB127,14,11
1(1m) The district attorney of any prosecutorial unit having a population of
2200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and
3such assistant district attorneys as may be requested by the department of
4administration, or by the board, and authorized in accordance with s. 16.505. The
5district attorney shall rank the deputy district attorneys for purposes of carrying out
6duties under this section. The deputies, according to rank, may perform any duty
7of the district attorney, under the district attorney's direction. In the absence or
8disability of the district attorney, the deputies, according to rank, may perform any
9act required by law to be performed by the district attorney. Any such deputy must
10have practiced law in this state for at least 2 years prior to appointment under this
11section.
SB127,14,20 12(2) The district attorney of any prosecutorial unit having a population of
13100,000 or more but not more than 199,999 may appoint one deputy district attorney
14and such assistant district attorneys as may be requested by the department of
15administration, or by the board, and authorized in accordance with s. 16.505. The
16deputy may perform any duty of the district attorney, under the district attorney's
17direction. In the absence or disability of the district attorney, the deputy may
18perform any act required by law to be performed by the district attorney. The deputy
19must have practiced law in this state for at least 2 years prior to appointment under
20this section.
SB127,15,2 21(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
22attorney admitted to practice law in this state and, except as provided in s. 978.043
23(1), may perform any duty required by law to be performed by the district attorney.
24The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint

1such temporary counsel as may be authorized by the department of administration
2board.
SB127,27 3Section 27 . 978.045 (1g) of the statutes is amended to read:
SB127,15,154 978.045 (1g) A court on its own motion may appoint a special prosecutor under
5sub. (1r) or a district attorney may request a court to appoint a special prosecutor
6under that subsection. Before a court appoints a special prosecutor on its own motion
7or at the request of a district attorney for an appointment that exceeds 6 hours per
8case, the court or district attorney shall request assistance from a district attorney,
9deputy district attorney or assistant district attorney from other prosecutorial units
10or an assistant attorney general. A district attorney requesting the appointment of
11a special prosecutor, or a court if the court is appointing a special prosecutor on its
12own motion, shall notify the department of administration, on a form provided by
13that department, of
office that the district attorney's attorney or the court's inability
14court, whichever is appropriate, is unable to obtain assistance from another
15prosecutorial unit or from an assistant attorney general.
SB127,28 16Section 28. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
SB127,15,2317 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
18prosecutor at the request of a district attorney to assist the district attorney in the
19prosecution of persons charged with a crime, in grand jury proceedings, in
20proceedings under ch. 980, or in investigations. Except as provided under par. (bp),
21the judge may appoint an attorney as a special prosecutor only if the judge or the
22requesting district attorney submits an affidavit to the department of
23administration
office attesting that any of the following conditions exists:
SB127,29 24Section 29 . 978.045 (2) of the statutes is amended to read:
SB127,16,11
1978.045 (2) If the department of administration office approves the
2appointment of a special prosecutor under sub. (1r), the court shall fix the amount
3of compensation for the attorney appointed according to the rates specified in s.
4977.08 (4m) (b). The department of administration shall pay the compensation
5ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
6attorney, and the special prosecutor shall provide any information regarding a
7payment of compensation that the department requests. Any payment under this
8subsection earns interest on the balance due from the 121st day after receipt of a
9properly completed invoice or receipt and acceptance of the property or service under
10the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
11compounded monthly.
SB127,30 12Section 30 . 978.05 (9) of the statutes is amended to read:
SB127,16,1513 978.05 (9) Budget. Prepare a biennial budget request for submission to the
14department executive director under s. 978.11 978.004 (1) (b) by September 1 of each
15even-numbered year.
SB127,31 16Section 31 . 978.11 of the statutes is repealed.
SB127,32 17Section 32 . 978.12 (1) (c) of the statutes is amended to read:
SB127,17,318 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
19employed outside the classified service. For purposes of salary administration, the
20administrator of the division of personnel management in the department of
21administration, in consultation with the office, shall establish one or more
22classifications for assistant district attorneys in accordance with the classification
23or classifications allocated to assistant attorneys general. Except as provided in ss.
24111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
25established and adjusted in accordance with the state compensation plan for

1assistant attorneys general whose positions are allocated to the classification or
2classifications established by the administrator of the division of personnel
3management in the department of administration
under this paragraph.
SB127,33 4Section 33 . Nonstatutory provisions.
SB127,17,55 (1) Student loan payment pilot program.
SB127,17,116 (a) The public defender board shall conduct a student loan payment pilot
7program for private bar attorneys who accept public defender appointments. The
8program shall provide up to $20,000 per year, or the outstanding balance on the
9attorney's student loans, whichever is less, to eligible attorneys to use to repay
10student loans. To be eligible to receive a payment under this paragraph in any
11calendar year, an attorney must meet all of the following criteria:
SB127,17,12 121. The attorney is licensed to practice law in Wisconsin.
SB127,17,13 132. The attorney is certified to accept state public defender appointments.
SB127,17,15 143. The attorney agrees to accept a minimum of 50 state public defender
15appointments per year.
SB127,17,18 164. The attorney maintains a law practice that either is headquartered or
17performs a demonstrated majority of its legal work in a county with a population of
1825,000 or fewer residents.
SB127,17,20 195. The attorney has outstanding student loans that were incurred to obtain a
20juris doctor degree from an accredited university.
SB127,18,321 (b) An attorney who will meet all of the criteria under par. (a) may apply for the
22student loan payment pilot program beginning on January 1 of each year to qualify
23to receive a payment at the end of that year. Applications will be accepted on a rolling
24basis and all payments will be disbursed in the order that applications are received.
25At the end of the year, the attorney must certify that he or she has met all of the

1criteria for that year and must provide proof of his or her outstanding student loan
2balance on January 1 of that year to determine the payment amount that he or she
3is eligible to receive under the program.
SB127,18,114 (c) The public defender board may promulgate emergency rules under s. 227.24
5to implement the program under par. (a ) for the period before the effective date of
6permanent rules but not to exceed the period authorized under s. 227.24 (1) (c),
7subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and
8(3), the board is not required to provide evidence that promulgating a rule under this
9paragraph as an emergency rule is necessary for the preservation of the public peace,
10health, safety, or welfare and is not required to provide a finding of emergency for a
11rule promulgated under this paragraph.
SB127,18,1212 (2) Prosecutor board and state prosecutors office.
SB127,18,1813 (a) Initial terms for prosecutor board members. Notwithstanding s. 15.77, of
14the members of the prosecutor board who are appointed as initial members, one
15member representing each district under s. 752.11 (1) (b) and (d) and one member
16under s. 15.77 (3) shall serve for a one-year term and one member representing the
17district under s. 752.11 (1) (c), one member under s. 15.77 (2), and one member under
18s. 15.77 (3) shall serve for a 2-year term.
SB127,18,1919 (b) Transfer of state prosecutors office.