PD 1.035(5) (5) Cooperation with inquiries.

PD 1.035(5)(a) (a) An attorney shall cooperate with inquiries from the state public defender regarding the status of appointed cases, and regarding performance or billing in appointed cases.

PD 1.035(5)(b) (b) An attorney who receives a written request to provide a response shall respond in writing and within the deadlines presented with the request. An attorney who fails to do so may be suspended from further appointments under s. PD 1.03 (3) until an adequate response is provided.

PD 1.035 History History: Cr. Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. and recr. Register June 2010 No. 654, eff. 7-1-10.

PD 1.037 PD 1.037 Provisional certification.

PD 1.037(1) (1) Applicability. The state public defender may provisionally certify an attorney. All attorneys who have not been previously certified and all attorneys whose certification status is reinstated shall be provisionally certified under this section.

PD 1.037(2) (2) Review.

PD 1.037(2)(a) (a) After one year of provisional certification, the state public defender shall review the attorney’s performance and determine the attorney’s future certification status. The public defender may continue provisional certification, grant non-provisional certification, or discontinue provisional certification and exclude the attorney from any or all certification lists.

PD 1.037(2)(b) (b) The state public defender may require a provisionally certified attorney to provide a letter from at least one judge supporting non-provisional certification.

PD 1.037(2)(c) (c) The state public defender’s determination may be based upon, but is not limited to: a review of briefs and client files; billing records; client communications; court records; telephone or personal conferences; and recommendations of judges and attorneys.

PD 1.037(2)(d) (d) The state public defender’s determination shall consider the extent to which the provisionally certified attorney has satisfied the supreme court rules of professional conduct for attorneys and the minimum attorney performance standards adopted by the state public defender.

PD 1.037(3) (3) Continuation. If provisional certification is continued, the attorney’s performance shall be reviewed again under sub. (2) after a period of time set by the state public defender, not to exceed one year.

PD 1.037(4) (4) Appeal. An attorney may appeal the state public defender’s decision to discontinue provisional certification and to exclude the attorney from any or all certification lists as provided in s. PD 1.05.

PD 1.037(5) (5) Provisional certification in lieu of decertification. The state public defender may change an attorney’s certification status to provisional certification in lieu of pursuing decertification as provided in s. PD 1.03 (4).

PD 1.037 History History: CR 09-067: cr. Register June 2010 No. 654, eff. 7-1-10.

PD 1.04 PD 1.04 Certification lists. An attorney may be placed on the list to accept an appointment to represent state public defender clients in the following case types if the attorney requests appointments in the case type, satisfies the requirements of s. PD 1.035, and satisfies the following additional criteria:

PD 1.04(1) (1) Misdemeanors. For misdemeanor cases, no additional criteria.

PD 1.04(2) (2) Paternity cases. For paternity cases, no additional criteria.

PD 1.04(3) (3) Felonies.

PD 1.04(3)(a) (a) Class G, H or I. For a class G to I felony case, the attorney has satisfied both of the following criteria within the five years immediately preceding the application for certification:

PD 1.04(3)(a)1. 1. Been trial counsel, alone or with other trial counsel.

PD 1.04(3)(a)2. 2. Has litigated a significant portion of one completed jury trial, two trials to a court of record, or four testimonial hearings before a court of record, but not including a proceeding to revoke probation, parole or extended supervision.

PD 1.04(3)(b) (b) Class D, E and F. For a class D to F felony case, the attorney has satisfied either of the following criteria within the five years immediately preceding the application for certification:

PD 1.04(3)(b)1. 1. Been sole trial counsel in at least one felony case tried to a jury to final resolution.

PD 1.04(3)(b)2. 2. Been trial counsel, alone or with another attorney, and litigated a significant portion of three civil or criminal cases tried to a jury to final resolution.

PD 1.04(3)(c) (c) Class B and C. For a class B or C felony case, the attorney has been sole trial counsel in at least four cases tried to a jury to final resolution, at least one of which was a felony, within the five years immediately preceding the application for certification.

PD 1.04(3)(d) (d) Class A. For a class A felony case, the attorney has satisfied all of the following criteria:

PD 1.04(3)(d)1. 1. The attorney maintained a significant portion of his or her practice in criminal law within the five years immediately preceding the application for certification.

PD 1.04(3)(d)2. 2. The attorney has been sole or lead trial counsel in at least two class A to D felony cases tried to a jury to final resolution within the five years immediately preceding the application for certification.