Wis. Admin. Code Public Defender Board PD 2.07

Current through October 28, 2024

Section PD 2.07 - Public representation after case commenced by retained counsel

(1) If it is necessary for a person to obtain publicly compensated counsel after having retained counsel because of the lack of sufficient funds, the attorney who was originally retained may be assigned and publicly compensated if either:

(a) The court finds that the interests or administration of justice will be severely damaged by a change in counsel; and

1. It appears that the attorney had a reasonable expectation of receiving his or her entire fee when he or she was retained;

2. The necessity for publicly compensating this retained counsel has occurred no more than once in the preceding 12 months; and

3. The client and attorney consent; or

(b) The retained attorney is certified to provide such representation; and

1. It appears that the attorney had a reasonable expectation of receiving his or her entire fee when he or she was retained;

2. The necessity for publicly compensating this retained counsel has occurred no more than once in the preceding 12 months; and

3. The state public defender, client and attorney consent.

(2) Under no circumstances shall the state public defender compensate counsel for services rendered prior to the effective date of assignment by the state public defender.

(3) The method provided under s. PD 4.025 shall be used to calculate the compensation by the state public defender of the private attorney appointed under sub. (1).

Wis. Admin. Code Public Defender Board PD 2.07

Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (b) 2., r. (2) and (4), renum. (3) to be (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1) (intro), (a) and (b) 3., cr. (3), Register, April, 1990, No. 412, eff. 5-1-90; correction in (3) made under s. 13.93(2m) (b) 7, Stats., Register, July, 1995, No. 475.