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.

PD 1.035 PD 1.035 Requirements for certification. In order to obtain and retain certification under this chapter, an attorney shall satisfy all of the following requirements:

PD 1.035(1) (1) Application. The attorney shall submit an application under s. PD 1.03 (1).

PD 1.035(2) (2) License to practice. The attorney shall be licensed to practice law in Wisconsin and shall be a member in good standing of the State Bar of Wisconsin.

PD 1.035(3) (3) Residence.

PD 1.035(3)(a) (a) The attorney shall reside in or maintain his or her principal office in Wisconsin. A post office box in Wisconsin does not constitute a residence or a principal office in Wisconsin.

PD 1.035(3)(b) (b) An attorney may be certified for trial division cases in only those counties in which he or she resides or maintains his or her principal office, except that in counties with less than ten attorneys on any certification list, an attorney residing or maintaining his or her principal office in one or more adjacent counties may also be certified.

PD 1.035(3)(c) (c) Notwithstanding pars. (a) and (b), the state public defender may, on a case-by-case basis, certify an attorney to handle a case if such certification is necessary for effective client representation. Relevant considerations include, but are not limited to, caseload, availability of other counsel, proximity to the court, and cost-effectiveness.

PD 1.035(4) (4) Continuing legal education.

PD 1.035(4)(a) (a) The attorney shall complete six credits of continuing legal education each calendar year in courses approved by the state public defender. This requirement shall apply beginning in the first full calendar year following an attorney’s graduation from law school.

PD 1.035(4)(b) (b) The attorney shall report compliance with par. (a) under the procedures established by the state public defender. The state public defender shall calculate continuing education credits in the same manner as the board of bar examiners.

PD 1.035(4)(c) (c) The state public defender shall offer training for attorneys seeking certification under this chapter. As used in s. 977.05 (5) (e), Stats., relating to sponsoring conferences and training, “sponsor” means to use state public defender resources to produce and promote state public defender conferences and training programs and “tuition” means all revenue realized from state public defender conferences and training programs and materials.

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.