Wisconsin Administrative Code
Public Defender Board
Chapter PD 1 - Certification
Section PD 1.037 - Provisional certification

Universal Citation: WI Admin Code ยง PD 1.037

Current through August 26, 2024

(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.

(2) REVIEW.

(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.

(b) The state public defender may require a provisionally certified attorney to provide a letter from at least one judge supporting non-provisional certification.

(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.

(d) The state public defender's determination shall consider the extent to which the provisionally certified attorney has satisfied the supreme court rules of professional conduct for attorneys and the minimum attorney performance standards adopted by the state public defender.

(3) CONTINUATION. If provisional certification is continued, the attorney's performance shall be reviewed again under sub. (2) after a period of time set by the state public defender, not to exceed one year.

(4) APPEAL. An attorney may appeal the state public defender's decision to discontinue provisional certification and to exclude the attorney from any or all certification lists as provided in s. PD 1.05.

(5) PROVISIONAL CERTIFICATION IN LIEU OF DECERTIFICATION. The state public defender may change an attorney's certification status to provisional certification in lieu of pursuing decertification as provided in s. PD 1.03(4).

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.