Wisconsin Administrative Code
Public Defender Board
Chapter PD 4 - Private Attorney Payment
Section PD 4.05 - Private bar emergency rate reduction

Universal Citation: WI Admin Code ยง PD 4.05

Current through August 26, 2024

(1) The state public defender board may reduce the payment rates under s. 977.08(4m), Stats., by not more that $2 per hour, for either or both of the following:

(a) For time spent in-court.

(b) For time spent out-of-court, excluding travel.

(2) The board may not reduce payment rates unless, after reasonable notice and an opportunity for hearing, the board determines that:

(a) A quarterly report prepared pursuant to s. 977.085, Stats., projects that money appropriated to s. 20.550(1), Stats., will be depleted prior to the end of the current fiscal year or biennium;

(b) A reduction in payment rates would substantially reduce the projected deficit during the current fiscal year or biennium; and

(c) A reduction in payment rates would not significantly decrease the availability of private attorneys to represent indigent clients under s. 977.08, Stats.

(3) The board may consider other factors, in addition to the prerequisites set forth in sub. (2), in determining whether a rate reduction is appropriate.

(4) The reduction in rates under sub. (1) shall apply only to cases assigned after notice of the board's action is provided to private attorneys who are listed under s. 977.08(3), Stats.

(5) If the board orders a reduction in rates, it shall review the need for a continuing reduction at least once every 2 months after the date of the reduction.

(6) Upon review, the board may, in its discretion, terminate the reduction in rates.

(7) Upon review, the board must terminate the reduction in rates if it is determined that funds under s. 20.550(1), Stats., will not be depleted before the end of the fiscal year or biennium.

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