Current through August 26, 2024
An attorney may be placed on the list to accept an appointment
to represent state public defender clients in the following case types if the
attorney requests appointments in the case type, satisfies the requirements of
s.
PD 1.035, and satisfies the following additional
criteria:
(1) MISDEMEANORS. For
misdemeanor cases, no additional criteria.
(2) PATERNITY CASES. For paternity cases, no
additional criteria.
(3) FELONIES.
(a)
Class G, H or I. For a
class G to I felony case, the attorney has satisfied both of the following
criteria within the five years immediately preceding the application for
certification:
1. Been trial counsel, alone or
with other trial counsel.
2. Has
litigated a significant portion of one completed jury trial, two trials to a
court of record, or four testimonial hearings before a court of record, but not
including a proceeding to revoke probation, parole or extended
supervision.
(b)
Class D, E and F. For a class D to F felony case, the attorney
has satisfied either of the following criteria within the five years
immediately preceding the application for certification:
1. Been sole trial counsel in at least one
felony case tried to a jury to final resolution.
2. Been trial counsel, alone or with another
attorney, and litigated a significant portion of three civil or criminal cases
tried to a jury to final resolution.
(c)
Class B and C. For a
class B or C felony case, the attorney has been sole trial counsel in at least
four cases tried to a jury to final resolution, at least one of which was a
felony, within the five years immediately preceding the application for
certification.
(d)
Class
A. For a class A felony case, the attorney has satisfied all of the
following criteria:
1. The attorney maintained
a significant portion of his or her practice in criminal law within the five
years immediately preceding the application for certification.
2. The attorney has been sole or lead trial
counsel in at least two class A to D felony cases tried to a jury to final
resolution within the five years immediately preceding the application for
certification.
3. The attorney
submitted to peer review, including reference checks with other criminal
defense attorneys, prosecutors, judges and public defender staff.
4. The attorney has submitted a writing
sample, consisting of a court memorandum or brief concerning criminal law
issues that was written within the two years immediately preceding the
application for certification, which was reviewed and approved by the state
public defender.
5. The attorney
has submitted any requested information relevant to a determination of the
attorney's qualifications.
(4) UNCLASSIFIED CRIMES. For a case alleging
an unclassified crime, the attorney satisfies the certification criteria for
the case type with a corresponding maximum penalty.
(5) WRITS AND EXTRADITIONS. For a writ or
extradition case, the attorney satisfies the certification criteria for the
case type alleged in the extradition request or that is the subject of the
writ.
(6) CHAPTER 980 SEXUALLY
VIOLENT PERSON COMMITMENTS. For a case filed under ch. 980, Stats., the
attorney has been sole trial counsel in at least four cases tried to a jury to
final resolution, at least one of which was a felony, within the five years
immediately preceding the application for certification.
(7) CHILDREN'S AND JUVENILE COURT CASES
ALLEGING BEHAVIOR THAT COULD BE PROSECUTED AS A MISDEMEANOR. For a case filed
under ch. 48 or 938, Stats., alleging behavior that could be prosecuted as a
misdemeanor in criminal court, the attorney has satisfied either of the
following criteria:
(a) Completed four credits
of state public defender approved legal education in ch. 48 or 938, Stats.,
cases.
(b) Agreed in writing to
complete four credits of state public defender approved legal education in ch.
48 or 938, Stats., cases during the first year of his or her provisional
certification under s.
PD 1.037.
(8) JUVENILE COURT OR JUVENILE WAIVER CASES
ALLEGING BEHAVIOR THAT COULD BE PROSECUTED AS A CLASS E TO I FELONY. For a case
filed under ch. 938 in which the most serious allegation could be a class E to
I felony if prosecuted in criminal court, or a case seeking to waive a juvenile
into criminal court for behavior that could be a class E to I felony in
criminal court, the attorney has satisfied the criteria in sub. (3) (a) and is
certified for cases under sub. (7).
(9) JUVENILE COURT OR JUVENILE WAIVER CASES
ALLEGING BEHAVIOR THAT COULD BE PROSECUTED AS A CLASS B TO D FELONY. For a case
filed under ch. 938 in which the most serious allegation could be a class B to
D felony if prosecuted in criminal court, or a case seeking to waive a juvenile
into criminal court for behavior that could be a class B to D felony in
criminal court, the attorney has satisfied the criteria in sub. (3) (b) and has
been sole trial counsel in at least three trials to the court in ch. 938,
Stats., cases in which the most serious allegation would be a felony if
prosecuted in criminal court.
(10)
TERMINATION OF PARENTAL RIGHTS CASES. For a termination of parental rights case
under ch. 48, Stats., the attorney has satisfied all of the following criteria:
(a) Satisfied the criteria in sub. (3)
(a).
(b) Completed four credits of
state public defender approved legal education pertaining to ch. 48, Stats.,
cases.
(c) Completed four credits
of state public defender approved legal education pertaining to termination of
parental rights cases.
(11) CHAPTER 51 OR 55 COMMITMENT CASES. For a
case that is filed under ch. 51 or 55, Stats., the attorney has satisfied
either of the following criteria:
(a)
Completed two credits of state public defender approved legal education
pertaining to ch. 51 or 55, Stats., cases.
(b) Agreed in writing to complete two credits
of state public defender approved legal education pertaining to ch. 51 or 55,
Stats., cases during the first year of his or her provisional certification
under s.
PD 1.037.
(12) REVOCATION OF PROBATION, PAROLE OR
EXTENDED SUPERVISION STATUS.
(a) For a
proceeding to revoke probation, parole or extended supervision in which the
offense of conviction was a misdemeanor, the attorney has satisfied either of
the following criteria:
1. Completed two
credits of state public defender approved legal education pertaining to
revocation cases.
2. Agreed in
writing to complete two credits of state public defender approved legal
education pertaining to revocation cases during the first year of his or her
provisional certification under s.
PD 1.037.
(b) For a proceeding to revoke probation,
parole or extended supervision in which the offense of conviction was a felony,
the attorney has satisfied both of the following criteria:
1. Satisfied the criteria of sub. (3)
(a).
2. Completed two credits of
state public defender approved legal education pertaining to revocation
cases.
(13)
APPELLATE DIVISION CASES.
(a)
Level
one appellate certification. Level one appellate case certification
includes appellate appointments in misdemeanor cases, unclassified crimes,
sentencing after revocation cases, paternity cases and class G to I felony
cases. For an appeal of a level one appellate case, the attorney has satisfied
either of the following criteria:
1. Submitted
a brief-in-chief that was filed in any appellate court in the United States
within the five years immediately preceding the application for certification
and that was reviewed and approved by the state public defender.
2. Completed three credits of state public
defender approved legal education pertaining to appellate procedure, or its
equivalent, including a law school course, clinical program or judicial
clerkship, within one year immediately preceding the application for
certification.
(b)
Level two appellate certification. Level two appellate case
certification includes appellate appointments in level one cases and in class A
to F felony cases. For an appeal of a level two appellate case, the attorney
has satisfied all of the following criteria:
1. Filed two briefs-in-chief in Wisconsin
appellate courts that complied with s.
809.30,
Stats., within the five years immediately preceding the application for
certification.
2. Submitted one
brief-in-chief that satisfied the criteria in subd. 1. and that was reviewed
and approved by the state public defender.
3. Conducted three contested circuit court
hearings, including one evidentiary hearing, within the five years immediately
preceding the application for certification.
4. Either has satisfied the criteria of par.
(a) 2., or completed six credits of state public defender approved legal
education pertaining to criminal law within one year immediately preceding the
application for certification.
(c)
Termination of parental rights
appellate certification. For an appeal of a termination of parental
rights case under ch. 48, Stats., the attorney has satisfied both of the
following criteria:
1. Satisfied the criteria
of par. (a).
2. Either has
completed four credits of state public defender approved legal education
pertaining to termination of parental rights cases within one year immediately
preceding the application for certification, or has been sole trial or
appellate counsel of record in one contested termination of parental rights
case within the three years immediately preceding the application for
certification.
(d)
Juvenile appellate certification. For an appeal of a case
prosecuted under ch. 48 or 938, Stats., other than a termination of parental
rights case, the attorney has satisfied both of the following criteria:
1. Satisfied the criteria of par. (a).
2. Either has completed four
credits of state public defender approved legal education pertaining to ch. 48
or 938, Stats., within one year immediately preceding the application for
certification; or has been sole trial or appellate counsel of record in five
cases filed under ch. 48 or 938, Stats., within the three years immediately
preceding application for certification.
(e)
Civil commitment appellate
certification. For an appeal of a case filed under ch. 51 or 55,
Stats., the attorney has satisfied both of the following criteria:
1. Satisfied the criteria of par. (a).
2. Either completed four credits
of state public defender approved legal education pertaining to ch. 51 or 55,
Stats., within one year immediately preceding the application for
certification; or has been sole trial or appellate counsel of record in five
cases under ch. 51 or 55, Stats., within the three years immediately preceding
the application for certification.
(f)
Chapter 980 appellate
certification. For an appeal of a case filed under ch. 980, Stats.,
the attorney has satisfied both of the following criteria:
1. Satisfied the criteria of par. (a).
2. Either completed four credits
of state public defender approved legal education pertaining to ch. 980,
Stats., within one year immediately preceding the application for
certification; or has been sole trial or appellate counsel of record in one
contested commitment under ch. 980, Stats., within the three years immediately
preceding the application for certification.
(14) OTHER SPECIALIZED CERTIFICATION LISTS.
The state public defender may develop other specialized lists under this
section in response to changes in substantive or procedural law or developments
in forensic science.
(15) PUBLIC
DEFENDER'S AUTHORITY TO WAIVE CRITERIA. The state public defender may allow an
attorney's education, training or experience to substitute for any requirement
set forth in s.
PD 1.035 or this section. The state public defender may
waive the requirements in this section to assign a case to an attorney who has
a prior pending case with the same client.
