LRB-2032/2
RLR:kjf:jf
2007 - 2008 LEGISLATURE
July 3, 2007 - Introduced by Representative Kessler. Referred to Committee on
Corrections and Courts.
AB434,1,5
1An Act to amend 977.07 (1) (a), 977.08 (1), 977.08 (3) (b), 977.08 (4) and 977.08
2(4m) (c); and
to create 977.07 (2g), 977.08 (3m) and 977.08 (4m) (d) of the
3statutes;
relating to: the State Public Defender reimbursement rate for
4private attorneys and time for the State Public Defender to make indigency
5determinations and assign counsel.
Analysis by the Legislative Reference Bureau
Under current law, the State Public Defender (SPD) provides indigent people
legal representation for certain types of proceedings including criminal,
commitment, protective placement, paternity, and juvenile delinquency
proceedings. The SPD also provides children legal counsel in certain types of cases
regardless of the child's economic status. The SPD must make indigency
determinations with respect to persons who request appointment of counsel on the
basis of indigency and must assign counsel for all people who are eligible for SPD
representation. The SPD may assign cases to attorneys employed by the SPD or to
private attorneys. The SPD reimburses private attorneys $40 an hour for time spent
related to a case, excluding travel time. (The SPD reimburses private attorneys $25
an hour for out-of-county travel.)
This bill requires the SPD to make an indigency determination for a criminal
defendant within one business day of the defendant's initial appearance, and
requires the SPD to appoint counsel for a criminal defendant who is determined to
be indigent within one business day of the indigency determination or two business
days of the initial appearance, whichever is later. If the SPD does not meet these
deadlines, the circuit court judge may make the indigency determination and
appoint counsel. The bill also increases the reimbursement rate for private attorneys
from $40 an hour to $70 an hour.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB434, s. 1
1Section
1. 977.07 (1) (a) of the statutes is amended to read:
AB434,2,82
977.07
(1) (a) Determination of indigency for persons entitled to counsel shall
3be made as soon as possible
, and
for a defendant in a criminal proceeding shall be
4made within one business day after the defendant's initial appearance.
5Determinations shall be
made in accordance with the rules promulgated by the board
6under s. 977.02 (3) and the system established under s. 977.06. No determination
7of indigency is required for a child who is entitled to be represented by counsel under
8s. 48.23 or 938.23.
AB434, s. 2
9Section
2. 977.07 (2g) of the statutes is created to read:
AB434,2,1510
977.07
(2g) Notwithstanding sub. (1), if an indigency determination in a
11criminal proceeding is not made in the time allotted under sub. (1), the circuit court
12judge may determine whether the defendant is indigent using the standard for
13indigency provided in sub. (2). If the court determines under this subsection that a
14defendant is indigent, the state public defender shall appoint counsel under s.
15977.08.
AB434, s. 3
16Section
3. 977.08 (1) of the statutes is amended to read:
AB434,3,617
977.08
(1) If the representative or the authority for indigency determinations
18specified under s. 977.07 (1) refers a case to or within the office of the state public
19defender
or, if a case is referred under s. 48.23 (4),
or if a court determines a defendant
1is indigent under s. 977.07 (2g), the state public defender shall assign counsel
2according to subs. (3) and (4).
In criminal cases, the state public defender shall assign
3counsel within 2 business days after the initial appearance or within one business
4day after a determination of indigency is made, whichever is later. If a defendant
5makes a request for change of attorney assignment, the change of attorney must be
6approved by the circuit court.
AB434, s. 4
7Section
4. 977.08 (3) (b) of the statutes is amended to read:
AB434,3,158
977.08
(3) (b) A final set of lists for each county shall be prepared, certified and
9annually updated by the state public defender.
The state public defender shall
10submit a copy of the list for each county to the chief judge of the judicial
11administrative district. Persons may not be excluded from any list unless the state
12public defender states in writing the reasons for such action in the context of existing
13rules adopted by the state public defender board. Any attorney thus excluded shall
14then have the opportunity to appeal the state public defender's decision to the board,
15which shall issue a final decision in writing.
AB434, s. 5
16Section
5. 977.08 (3m) of the statutes is created to read:
AB434,3,2017
977.08
(3m) Notwithstanding subs. (1) and (3), if the state public defender does
18not within the time allotted under sub. (1) appoint counsel for a criminal defendant
19who has been determined to be indigent, the court may appoint counsel from a list
20of attorneys maintained by the chief judge of the judicial administrative district.
AB434, s. 6
21Section
6. 977.08 (4) of the statutes is amended to read:
AB434,4,422
977.08
(4) At the conclusion of each case, any private local attorney who has
23been appointed
under sub. (3) or (3m) shall submit a copy of his or her bill to the state
24public defender. The state public defender shall review the bill and reject it or
25approve it in whole or in part. The state public defender shall then pay the bill
1according to the rates under sub. (4m). Any attorney dissatisfied with the decision
2of the state public defender regarding the bill may have the decision reviewed by the
3board. This subsection does not apply if the attorney is working under an agreement
4authorized under s. 977.02 (7m) or a contract authorized under sub. (3) (f).
AB434, s. 7
5Section
7. 977.08 (4m) (c) of the statutes is amended to read:
AB434,4,136
977.08
(4m) (c) Unless otherwise provided by a rule promulgated under s.
7977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
8July 29, 1995,
and before the effective date of this paragraph .... [revisor inserts date],
9private local attorneys shall be paid $40 per hour for time spent related to a case,
10excluding travel, and $25 per hour for time spent in travel related to a case if any
11portion of the trip is outside the county in which the attorney's principal office is
12located or if the trip requires traveling a distance of more than 30 miles, one way,
13from the attorney's principal office.
AB434, s. 8
14Section
8. 977.08 (4m) (d) of the statutes is created to read:
AB434,4,2215
977.08
(4m) (d) Unless otherwise provided by a rule promulgated under s.
16977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
17the effective date of this paragraph .... [revisor inserts date], private local attorneys
18shall be paid $70 per hour for time spent related to a case, excluding travel, and $25
19per hour for time spent in travel related to a case if any portion of the trip is outside
20the county in which the attorney's principal office is located or if the trip requires
21traveling a distance of more than 30 miles, one way, from the attorney's principal
22office.
