PD 1.04PD 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)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)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)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.

PD 1.04(3)(d)3.3. The attorney submitted to peer review, including reference checks with other criminal defense attorneys, prosecutors, judges and public defender staff.

PD 1.04(3)(d)4.4. The attorney has submitted a writing sample, consisting of a court memorandum or brief concerning criminal law issues that was written within the two years immediately preceding the application for certification, which was reviewed and approved by the state public defender.

PD 1.04(3)(d)5.5. The attorney has submitted any requested information relevant to a determination of the attorney’s qualifications.

PD 1.04(4)(4) Unclassified crimes. For a case alleging an unclassified crime, the attorney satisfies the certification criteria for the case type with a corresponding maximum penalty.

PD 1.04(5)(5) Writs and extraditions. For a writ or extradition case, the attorney satisfies the certification criteria for the case type alleged in the extradition request or that is the subject of the writ.

PD 1.04(6)(6) Chapter 980 sexually violent person commitments. For a case filed under ch. 980, Stats., 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(7)(7) Children’s and juvenile court cases alleging behavior that could be prosecuted as a misdemeanor. For a case filed under ch. 48 or 938, Stats., alleging behavior that could be prosecuted as a misdemeanor in criminal court, the attorney has satisfied either of the following criteria:

PD 1.04(7)(b)(b) Agreed in writing to complete four credits of state public defender approved legal education in ch. 48 or 938, Stats., cases during the first year of his or her provisional certification under s. PD 1.037.

PD 1.04(8)(8) Juvenile court or juvenile waiver cases alleging behavior that could be prosecuted as a class E to I felony. For a case filed under ch. 938 in which the most serious allegation could be a class E to I felony if prosecuted in criminal court, or a case seeking to waive a juvenile into criminal court for behavior that could be a class E to I felony in criminal court, the attorney has satisfied the criteria in sub. (3) (a) and is certified for cases under sub. (7).

PD 1.04(9)(9) Juvenile court or juvenile waiver cases alleging behavior that could be prosecuted as a class B to D felony. For a case filed under ch. 938 in which the most serious allegation could be a class B to D felony if prosecuted in criminal court, or a case seeking to waive a juvenile into criminal court for behavior that could be a class B to D felony in criminal court, the attorney has satisfied the criteria in sub. (3) (b) and has been sole trial counsel in at least three trials to the court in ch. 938, Stats., cases in which the most serious allegation would be a felony if prosecuted in criminal court.

PD 1.04(10)(10) Termination of parental rights cases. For a termination of parental rights case under ch. 48, Stats., the attorney has satisfied all of the following criteria:

PD 1.04(10)(b)(b) Completed four credits of state public defender approved legal education pertaining to ch. 48, Stats., cases.