977.05 State public defender.

722 words·~3 min read·/wi/chapter-977/977-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Appointment. The board shall appoint a state public defender, who shall be a member of the State Bar of Wisconsin. The state public defender shall be appointed to serve at the pleasure of the board. He or she shall devote full time to the performance of duties as state public defender.

(2)Removal. If the state public defender is serving at the pleasure of the board, he or she is subject to removal under s. 17.07 .

(3)Salary. The salary of the state public defender shall not be decreased while he or she serves in that position.

(4)Duties. The state public defender shall:

(a)Supervise the operation, activities, policies and procedures of the office of the state public defender.

(am)Establish a case management system for use by the trial and appellate staff attorneys of the office of the state public defender. The system shall require the attorneys to record time spent on each case and to classify or describe the type of work done.

(b)Be the chief legal officer of the office of the state public defender and make all final decisions regarding the disposition of any case handled by the office.

(c)Prepare and submit to the board for its approval the biennial budget of the office of the state public defender.

(cm)Appoint one deputy, the number of division administrators specified in s. 230.08

(e)8m. and all staff attorneys in the unclassified service and appoint all other employees in the classified service.

(d)Prepare and submit to the board for its approval such personnel and employment policies as the board shall require.

(e)Prepare and submit to the board and such other persons as may be appropriate an annual report of the activities of the office in such form as the board shall direct.

(f)Determine when and where it is necessary to establish offices for the state public defender and arrange for the rental of such space consistent with the policy and procedure of the department of administration.

(g)In accordance with the standards under pars.

(h)and

(j), accept referrals from judges, courts or appropriate state agencies for the determination of indigency of persons who claim or appear to be indigent. If a referral is accepted and if the person is determined to be indigent, the state public defender shall appoint counsel in accordance with contracts and policies of the board, and inform the referring judge, court or agency of the name and address of the specific attorney who has been assigned to the case.

(gm)In accordance with the standards under pars.

(h)and

(i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children who are entitled to be represented by counsel under s. 48.23 or 938.23 or persons who are entitled to be represented by counsel under s. 51.60 , 55.105 , or 980.03

(a), appoint counsel in accordance with contracts and policies of the board, and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

(h)Accept requests for legal services from children who are entitled to be represented by counsel under s. 48.23 or 938.23 or persons who are entitled to be represented by counsel under s. 51.60 , 55.105 , or 980.03

(a)and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

(i)Provide legal services in:

1. Cases involving persons charged with a crime against life under ss. 940.01 to 940.12 .

2. Cases involving persons charged with a felony not specified under subd. 1.

3. Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under subd. 1.

4. Cases involving persons subject to emergency detention or involuntary civil commitment under ch. 51 .

5. Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23 .