(1) APPLICATION
FORM. The state public defender shall prepare an application form to be
completed by attorneys seeking certification or recertification as provided in
s.
977.08(3),
Stats. The state public defender shall notify in writing each attorney who has
submitted an application of the county or counties and the cases for which the
attorney is certified to accept appointments, if any.
Note: Certification application forms and information are
published as ch. PD 1 Appendix A to E and are available on the public defender
website, www.wisspd.org, or from the
Assigned Counsel Division, Office of the State Public Defender, P.O. Box 7923,
Madison, WI 53707-7923, phone 608-266-0087. The link to the current
certification application is:
http://www.wisspd.org/html/acd/certform.pdf.
(2) PUBLIC DEFENDER'S
CERTIFICATION DECISION.
(a) For cause, the
state public defender may take any of the following actions regarding an
attorney's certification status:
1. Deny an
application for certification or recertification.
2. Return an attorney to provisional
certification under s.
PD 1.037.
3.
Exclude an attorney from any certification list in s.
PD 1.04.
4.
Suspend an attorney's certification status under sub. (3).
5. Decertify an attorney under sub.
(4).
6. Caution an
attorney.
7. Impose conditions upon
an attorney's continued certification.
8. Take any other action that is consistent
with the best interests of clients, the interests of justice, or the interests
of the state public defender.
(b) The state public defender shall inform
the attorney in writing of the reasons for the adverse certification decision
and the manner by which the attorney may appeal the decision.
(3) SUSPENSION.
(a) The state public defender may suspend the
attorney from any or all of the certification lists in s.
PD 1.04 under any of the following circumstances:
1. Pending the outcome of the investigation
into the attorney's performance; an allegation of fraudulent, unreasonable or
inaccurate billing practices or other misconduct; or of failure to comply with
any provision of this chapter.
2.
In response to a request for decertification.
(b) The suspension under par. (a) may not
exceed 120 days, exclusive of any time attributable to the lack of cooperation
from the attorney under investigation. The state public defender may extend the
suspension by a period not to exceed an additional 30 days in order to complete
the investigation. Suspensions that exceed these time limits may be appealed
under s.
PD 1.05.
(4) DECERTIFICATION. Any interested party may
request in writing that an attorney, previously certified to accept cases from
the state public defender, be decertified for cause. Upon receipt of a request,
the state public defender shall conduct an investigation. Upon a finding of
cause, the state public defender may decertify the attorney and exclude the
attorney from any or all of the certification lists in s.
PD 1.04. An attorney seeking reinstatement to a
certification list following decertification shall submit an application as
provided in sub. (1).
(5)
DISCRETIONARY CONSIDERATIONS. The state public defender's exercise of
discretion and determination whether cause exists to take any action under this
chapter may include consideration of any of the following factors:
(a) In this or any other jurisdiction, the
attorney is or has been disbarred, has or has had his or her license to
practice law suspended, or has surrendered his or her license to practice
law.
(b) The attorney fails or has
failed to meet the education or experience requirements under this
chapter.
(c) The attorney's conduct
while employed by the state public defender, another law office or another
governmental agency in Wisconsin or in another jurisdiction raises a concern
about the attorney's character, performance, ability or behavior.
(d) The attorney engages or has engaged in
fraudulent, unreasonable or inaccurate billing to the state public defender or
any other governmental agency or organization.
(e) The attorney fails or has failed to meet
minimum attorney performance standards adopted by the state public defender or
to comply with the supreme court rules of professional conduct for
attorneys.
(f) The attorney fails
or has failed to follow the state public defender's procedures for billing or
for approval of expenses.
(g) The
attorney is or has been the subject of a formal complaint filed by the office
of lawyer regulation with the supreme court or filed with an organization that
is responsible for enforcement of lawyer regulation in any other
jurisdiction.
(h) The attorney is
or has been the subject of a finding of dishonesty or incapacity by the client
protection fund in an award to a claimant.
(i) The attorney is convicted of any crime
that reflects adversely on the attorney's honesty, trustworthiness or fitness
as a lawyer.
(j) The attorney
engages in conduct contrary to the interests of clients, the interests of
justice, or the interests of the state public defender.
(k) The attorney is barred by statute from
engaging in criminal or other public defender case representation.
(L) The attorney fails or has failed to
cooperate with an investigation under this chapter.
(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.
(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.
(o) The attorney
fails to comply with this chapter.
(p) The state public defender learns of any
other information that raises a concern about the attorney's character,
performance, ability or behavior.
