reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.05 - Passing scores

Current through June 24, 2024
(1) The passing score on each examination is
			 determined by the board to represent minimum competence.
(2m) The board may adopt the recommended
			 passing score of the examination provider for the EPPP.
(4) The board shall make the determination of
			 the passing score of the jurisprudence exam after consultation with subject
			 matter experts who have reviewed a representative sample of the examination
			 questions and available candidate performance statistics.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.09 - Education and experience equivalent to a doctoral degree in psychology

Current through June 24, 2024
The equivalent to a doctorate in psychology is a doctorate
				degree which meets all of the following requirements:
(1) The curriculum shall contain all of the
			 following content:
(a) Scientific psychology,
			 including all of the following:
1. Biological
			 aspects of behavior.
2. Cognitive
			 and affective aspects of behavior.
3. Social aspects of behavior.
4. History and systems of
			 psychology.
5. Psychological
			 measurement.
6. Research
			 methodology.
7. Techniques of data
			 analysis.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.10 - Supervised psychological experience

Current through June 24, 2024
Except as provided in s. Psy 2.013, an applicant for licensure
				as a psychologist shall complete at least 3,000 hours of supervised
				graduate-level experience in the practice of psychology under conditions
				satisfactory to the examining board and shall include all of the
				following:
(1) Evidence of the
			 following supervised hours shall be provided:
(a) A completed internship of at least 1,500
			 hours after the completion of all doctoral level coursework. Completion of all
			 doctoral level coursework means all required courses associated with the
			 doctoral degree are completed, unless otherwise determined by the board or its
			 designee.
(b) Additional 1,500
			 hours accrued by any of the following or combination of any of the following:
1. Any aggregated pre-internship hours
			 completed after the first year of a doctoral program of study leading to a
			 doctorate in psychology or its equivalent, or completed during the first year
			 of such doctoral program of study if the applicant has completed a master's
			 degree in psychology or its equivalent.
2. Any excess hours after the completion of
			 the 1,500 hours during the internship under par. (a).
3. Hours accrued after the internship under
			 par. (a) but accumulated before the conferral of the doctoral degree.
4. Hours acquired after the
			 conferral of the doctoral degree.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.13 - Doctoral degrees in psychology outside the US. and Canada

Current through June 24, 2024
In addition to the supervised experience requirements set forth
				in s.
				Psy
				2.09(3), all applicants with doctoral
				degrees in psychology from universities outside the United States and Canada
				may be required to submit documentation of additional supervised experience
				within the U.S. Applicants for licensure on the basis of degrees from colleges
				and universities from outside the United States shall also pass the examination
				for the professional practice of psychology and may also be required to pass an
				English proficiency examination approved by the board.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.14 - Temporary practice

Current through June 24, 2024
(2) A
			 psychologist who is licensed by another state or territory of the United States
			 or a foreign country or province whose standards, in the opinion of the board,
			 are equivalent to or higher than the requirements for licensure as a
			 psychologist in s. 455.04 (1), Stats., may provide psychological services in
			 this state not more than 60 days in any calendar year without holding a license
			 issued under s. 455.04 (1), Stats.
(3) The psychologist shall report to the
			 board the nature and extent of his or her practice in this state if it exceeds
			 20 days within a calendar year.
(4)
			 A psychologist provides psychological services in this state whenever the
			 patient or client is located in this state regardless of where the psychologist
			 is located.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.15 - Temporary authorization to practice

Current through June 24, 2024
A psychologist who is intending to practice in this state
				under a temporary authorization to practice, as defined in s. 455.50 (2) (o),
				Stats., and is licensed in another compact state or territory of the United
				States must hold an active IPC as established in s. 455.03 (2),
				Stats.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 2 - Requirements For Examination And Licensure Of Psychologists › Section Psy 2.16 - Authority to practice interjurisdictional telepsychology

Current through June 24, 2024
A psychologist who is intending to practice telepsychology in
				this state and is licensed in another compact state or territory of the United
				States must hold an active E.Passport as established in s. 455.03 (3),
				Stats.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.01 - Biennial renewal

Current through June 24, 2024
On or before September 30 of the odd-numbered year following
				issuance of the license, the licensee shall apply for renewal to the department
				and submit the fee specified in s.
				440.08(2)
				(a), Stats., and shall meet the continuing
				education requirements specified in s.
				Psy
				4.025.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.015 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Board" means Wisconsin Psychology Examining Board.
(2) "Continuing education hour" means
			 continuing education consisting of not less than 50 minutes.
(3) "Ethics" means content consistent with
			 one or more of the American Psychological Association's ethical principles of
			 psychologists.
(4) "Jurisprudence"
			 means content relating to laws and regulations affecting the practice of
			 psychology.
(5) "Professional
			 activity" means any of the following:
(a)
			 Serving on the American Psychological Association or its affiliated state
			 psychological association committee or board.
(b) Serving on a state Psychology Examining
			 Board.
(c) Serving on the National
			 Association of School Psychologists or its affiliated state association
			 committee or board.
(d) Serving on
			 the American Board of Professional Psychology committee or board.
(e) Serving on the Association of Psychology
			 Postdoctoral Internship Centers committee or board.
(f) Serving on the Association of State and
			 Provincial Psychology Boards committee or board.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.017 - Renewal and reinstatement

Current through June 24, 2024
(1) GENERAL. A
			 person renewing an expired license may not reapply for a license using the
			 initial application process.
(2)
			 RENEWAL WITHIN 5 YEARS. A person renewing the license within 5 years shall do
			 all of the following:
(a) Pay the renewal fee
			 as determined by the department under s.
			 440.03(9) (a),
			 Stats., and any applicable late renewal fee.
(b) Certify the completion of 40 hours of
			 continuing education during the last biennium.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.02 - Continuing education

Current through June 24, 2024
(1) REQUIREMENTS FOR CONTINUING EDUCATION.
(a) Unless granted a postponement or waiver
			 under par. (g), every licensee shall complete at least 40 hours of
			 board-approved continuing education in each biennial registration period, as
			 specified in s.
			 455.06, Stats. The board
			 may require that not more than 20 continuing education hours in each biennial
			 registration period be acquired within specified topic areas.
(b) Continuing education hours may apply only
			 to the registration period in which the hours are acquired. If a license has
			 been allowed to lapse, the board may grant permission to apply continuing
			 education hours acquired after lapse of the license to a previous biennial
			 period of licensure during which required continuing education was not
			 acquired. In no case may continuing education hours be applied to more than one
			 biennial period.
(c) To meet the
			 continuing education requirement, a licensee shall submit to the board a
			 certificate of attendance upon the board's request.
(d) Unless granted a postponement or waiver
			 under par. (g), a licensee who fails to meet the continuing education
			 requirements by the renewal deadline shall cease and desist from
			 practice.
(e) During the time
			 between initial licensure and commencement of a full 2-year licensure period
			 new licensees shall not be required to meet continuing education
			 requirements.
(f) Applicants from
			 other states applying under s.
			 455.04(1)
			 (e) or (4) (f), Stats., shall submit proof of
			 completion of at least 40 hours of continuing education approved by the board
			 within 2 years prior to application.
(g) A licensee may apply to the board for a
			 postponement or waiver of the requirements of this section on grounds of
			 prolonged illness or disability, or on other grounds constituting extreme
			 hardship. The board shall consider each application individually on its merits,
			 and the board may grant a postponement, partial waiver or total waiver as
			 deemed appropriate.
(h) The board
			 may grant an exemption from the requirements of this section to a licensee who
			 certifies to the board that he or she has permanently retired from the active
			 practice of psychology.
(i) A
			 licensee who has been granted an exemption from the requirements of this
			 section based on retirement from the active practice of psychology may not
			 return to the active practice of psychology without submitting evidence
			 satisfactory to the board of having completed at least 40 credits of continuing
			 education for each of the biennia during which the licensee was granted an
			 exemption.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.025 - Continuing education

Current through June 24, 2024
(1) Unless granted a postponement or waiver
			 under s. Psy 4.04, every licensee except for those licensed under s. Psy 2.012
			 shall complete at least 40 board approved continuing education hours in each
			 biennial registration period, as specified in s.
			 455.06, Stats.
(a) A minimum of 6 hours of the required 40
			 continuing education hours shall be in ethics, risk management or
			 jurisprudence.
(b) Continuing
			 education hours completed in the topics of supervision or suicide prevention
			 shall be calculated as 1.5 times the numbers of continuing education hours
			 obtained.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.03 - Renewal of a lapsed license

Current through June 24, 2024
Failure to renew a license by September 30 of odd-numbered
				years shall cause the license to lapse. A licensee who allows the license to
				lapse may apply to the board for renewal of the license as follows:
(1) If the licensee applies for renewal of
			 the license less than 5 years after its expiration, the license shall be
			 renewed upon payment of the renewal fee and fulfillment of the continuing
			 education requirements.
(2) If the
			 licensee applies for renewal of the license more than 5 years after its
			 expiration, the board shall make an inquiry as it finds necessary to determine
			 whether the applicant is competent to practice as a psychologist or private
			 practice school psychologist in this state, and shall impose any reasonable
			 conditions on renewal of the license that the board considers appropriate. An
			 applicant under this subsection is presumed to be competent to practice as a
			 psychologist or private practice school psychologist in this state if at the
			 time of application the applicant is licensed by a similar examining board of
			 another state or territory of the United States or of a foreign country or
			 province whose standards, in the opinion of the board, are equivalent to or
			 higher than the requirements for licensure as a psychologist under s.
			 455.04(1),
			 Stats., or as a private practice school psychologist under s.
			 455.04(4),
			 Stats. The examining board shall require each applicant under this subsection
			 to have completed at least 40 hours of continuing education in the biennium
			 preceding the application for renewal and to pass the appropriate examination
			 specified under s.
			 455.045(1) (b) or (2)
			 (b), Stats.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.035 - Approved continuing education

Current through June 24, 2024
(1) The board shall
			 approve all of the following programs and courses, if relevant to the
			 professional practice of psychology:
(a)
			 Continuing education programs and courses sponsored by an organization approved
			 by one of the following:
1. American
			 Psychological Association.
2.
			 National Association of School Psychologists.
3. Canadian Psychological
			 Association.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.04 - Postponement, waiver, and exemptions

Current through June 24, 2024
(1) A licensee may
			 apply to the board for a postponement or waiver of the requirements of this
			 chapter on grounds of prolonged illness or disability, or on other grounds
			 constituting extreme hardship. The board shall consider each application
			 individually on its merits, and the board may grant a postponement, partial
			 waiver, or total waiver as deemed appropriate.
(2) The board may grant an exemption from the
			 requirements of this chapter to a licensee who certifies to the board that the
			 licensee has permanently retired from the practice of psychology or the private
			 practice of school psychology.
(3)
			 A licensee who has been granted an exemption from the requirements of this
			 chapter based on retirement from the practice of psychology or the private
			 practice of school psychology may not return to active practice without
			 submitting evidence satisfactory to the board of having completed 40 credits of
			 continuing education hours obtained within 2 years prior to the return to the
			 practice of psychology.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 4 - Requirements For Renewal and Continuing Education › Section Psy 4.05 - Record keeping and audits

Current through June 24, 2024
(1) A licensee
			 shall retain for a minimum period of 6 years and shall make available to the
			 board or its agent upon request all the following proof of continuing education
			 that applies to the licensee:
(a) Certificate
			 of attendance issued by the program sponsor. The certificate shall include the
			 name of the licensee, date of attendance, sponsor name, hours and title of
			 course.
(b) Unofficial transcript
			 for graduate level courses or psycho-pharmacology degree.
(c) Documentation of publication.
(d) Verification from the organization, on
			 organization letterhead, documenting professional activities including the
			 dates of service.
(e) Documentation
			 of board certification from the American Board of Professional
			 Psychology.
(f) Documentation
			 verifying the dates and number of hours of voluntary, uncompensated services
			 provided in assisting the department of health services using a form provided
			 by the department of safety and professional services.
(g) Attestation form, provided by the
			 department of safety and professional services, documenting supervision
			 including the dates of supervision and total number of hours per
			 day.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 5 - Conduct › Section Psy 5.01 - Professional conduct

Current through June 24, 2024
The practice of psychology is complex and varied and,
				therefore, allows for a broad range of professional conduct. The following acts
				constitute unprofessional conduct by applicants for licensure and licensees of
				the board and are prohibited. Complaints regarding these acts shall be
				investigated and may lead to disciplinary proceedings.
(1) Engaging in false, fraudulent, misleading
			 or deceptive advertising, or maintaining a professional relationship with one
			 engaging in such advertising.
(2)
			 Gross negligence in the practice of psychology or private practice of school
			 psychology.
(2m) Engaging in
			 conduct that falls below the standard of minimal competence within the practice
			 of psychology or school psychology.
(3) Misrepresentation of professional
			 competency by offering to perform services that are unwarranted on the basis of
			 education, training, or experience.
(4) Performance of professional services
			 inconsistent with training, education, or experience.
(5) Conviction of a crime or violation of any
			 law the circumstances of which substantially relate to the circumstances of the
			 practice of psychology or private practice of school psychology.
(6) Undertaking or continuing professional
			 services after having been adjudged incompetent by a court of law.
(7) Reporting distorted, erroneous, or
			 misleading psychological information.
(8) Engaging in false, fraudulent,
			 exploitative, misleading, or deceptive billing practices.
(9) Allowing professional judgment to be
			 controlled by another.
(10) Aiding
			 or furthering discrimination on the basis of race, color, sex, creed, national
			 origin, ancestry, handicap or sexual orientation by means of service given to a
			 client.
(11) Practicing or
			 attempting to practice while the licensee has a physical or mental impairment,
			 including impairment related to alcohol or other drugs, which is reasonably
			 related to the licensee's ability to adequately undertake the practice of
			 psychology in a manner consistent with the safety of client or
			 public.
(12) Revealing facts, data,
			 information, records or communication received from a client in a professional
			 capacity except in the following circumstances:
(a) With the informed consent of the client
			 or the client's authorized representative.
(b) With prior notification to the client at
			 the time the information was elicited of the use and distribution of the
			 information.
(c) If necessary to
			 prevent injury to the client or another person.
(d) Pursuant to the lawful order of a court
			 of law.
(e) Use of case history
			 material for teaching or research purpose, or in textbooks or other literature,
			 provided that proper precautions are taken to conceal the identity of the
			 client.
(f) Where otherwise
			 permitted or required under ss.
			 51.30 and
			 146.82,
			 Stats.
(g) When required by federal
			 or state law.
Wisconsin Administrative Code › Psychology Examining Board › Chapter Psy 5 - Conduct › Section Psy 5.02 - Telehealth and telepsychology

Current through June 24, 2024
(1)
			 The standards of practice and professional conduct under this chapter apply to
			 a licensee regardless of whether health care service is provided in person, by
			 telehealth, or by telepsychology.
(2) A psychologist who uses a telehealth
			 visit to provide psychological services to a patient located in this state
			 shall either be licensed as a psychologist by the board, or shall meet the
			 requirements to exercise the authority to practice interjurisdictional
			 telepsychology under s. 455.50 (4), Stats.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.01 - Annual review

Current through June 24, 2024
(1) The state public defender shall annually
			 notify each active member of the state bar of Wisconsin of the procedure for
			 applying for certification under the provisions of s.
			 977.08,
			 Stats. Publication of a notice in the publication of the state bar of Wisconsin
			 constitutes notice.
(2) The state
			 public defender shall annually update its certification list under s.
			 977.08,
			 Stats., regarding the availability of private attorneys to be appointed to
			 state public defender matters.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.02 - Certification of newly admitted attorneys

Current through June 24, 2024
The state public defender shall provide the Wisconsin supreme
				court and the state bar of Wisconsin with materials to insure that every person
				admitted to the state bar after January 1, 1978, is provided with information
				for applying for certification under s.
				977.08,
				Stats.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.03 - Certification application and decisions

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.035 - Requirements for certification

Current through June 24, 2024
In order to obtain and retain certification under this chapter,
				an attorney shall satisfy all of the following requirements:
(1) APPLICATION. The attorney shall submit an
			 application under s.
			 PD
			 1.03(1).
(2) LICENSE TO PRACTICE. The attorney shall
			 be licensed to practice law in Wisconsin and shall be a member in good standing
			 of the State Bar of Wisconsin.
(3)
			 RESIDENCE.
(a) The attorney shall reside in or
			 maintain his or her principal office in Wisconsin. A post office box in
			 Wisconsin does not constitute a residence or a principal office in
			 Wisconsin.
(b) An attorney may be
			 certified for trial division cases in only those counties in which he or she
			 resides or maintains his or her principal office, except that in counties with
			 less than ten attorneys on any certification list, an attorney residing or
			 maintaining his or her principal office in one or more adjacent counties may
			 also be certified.
(c)
			 Notwithstanding pars. (a) and (b), the state public defender may, on a
			 case-by-case basis, certify an attorney to handle a case if such certification
			 is necessary for effective client representation. Relevant considerations
			 include, but are not limited to, caseload, availability of other counsel,
			 proximity to the court, and cost-effectiveness.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.037 - Provisional certification

Current through June 24, 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.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.04 - Certification lists

Current through June 24, 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.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.05 - Appeal of certification decisions

Current through June 24, 2024
(2) Any attorney
			 may appeal the state public defender's certification decision under s.
			 PD
			 1.03(2) by mailing a letter of appeal
			 to the state public defender within 30 days of the notice of the decision. The
			 attorney shall state in the letter the certification from which the attorney
			 has been excluded or the decision from which the attorney intends to appeal.
			 The letter shall state the reasons why the attorney believes the decision was
			 improper.
(3) Upon receipt of an
			 appeal letter, the state public defender shall place the matter on the agenda
			 of the next state public defender board meeting unless that meeting is less
			 than 10 days from the receipt of the appeal letter, in which case the matter
			 may be scheduled for the following meeting. The state public defender shall, at
			 least 10 days before the hearing, inform the attorney of the time and place of
			 the board meeting at which the appeal will be considered.
(4) The state public defender shall transmit
			 to the board and the attorney all material relied upon in reaching the
			 certification decision, including the certification application and all written
			 comments received under s.
			 977.08(3),
			 Stats.
(5) The attorney may submit
			 to the board any material that he or she believes is relevant to the appeal.
			 The hearing before the board shall be considered a "class 3" proceeding and is
			 governed by ch. 227, Stats.
(6) The
			 state public defender board may deliberate the matter in executive session
			 pursuant to the provisions of s.
			 19.85(1)
			 (a), Stats. The board shall issue a written
			 decision affirming, reversing or modifying the decision of the state public
			 defender. The written decision shall be mailed to the attorney within 20 days
			 after the board meeting and shall be signed by an officer of the
			 board.
(7) The board's written
			 decision shall constitute findings of fact and conclusions of law within the
			 meaning of s.
			 227.47,
			 Stats.
(8) The board may appoint a
			 panel of board members to conduct the hearing specified in subs. (5) and (6).
			 After reviewing the record of the hearing and receiving the panel's
			 recommendation, the entire board shall issue a written decision.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.07 - Voluntary removal

Current through June 24, 2024
Any attorney may request to be removed from any certification
				list, and the state public defender shall remove the attorney. An attorney
				seeking reinstatement to a certification list after voluntary removal shall
				submit an application as provided in s.
				PD
				1.03(1).
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.075 - Inactive status

Current through June 24, 2024
(1) An attorney may decline to accept
			 appointments and request in writing to be placed in inactive status. If an
			 attorney has not been appointed in a case for more than one year, the state
			 public defender may place the attorney in inactive status and shall notify the
			 attorney of the change. Except as provided in sub. (2), the state public
			 defender shall return the attorney to active status upon request.
(2) If an attorney has been in inactive
			 status for more than 2 years, and seeks reinstatement to active status, the
			 attorney shall submit an application as provided in s.
			 PD
			 1.03(1).
Wisconsin Administrative Code › Public Defender Board › Chapter PD 1 - Certification › Section PD 1.08 - Access to files

Current through June 24, 2024
(1) The state public defender may not
			 disclose the contents or substance of any review or investigation prior to
			 issuing a decision under s.
			 PD
			 1.03, unless ordered to do so by the chairperson of
			 the public defender board or a court, or unless the attorney who is the subject
			 of the review or investigation first discloses the contents or the substance of
			 the review or investigation.
(2)
			 Only certification lists, board proceedings and decisions under this chapter
			 shall be considered public documents and open to public inspection.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Emergency assignment" means assignment of counsel outside of normal business
			 hours or when regular assignment will not provide both effective and early
			 representation.
(2) "Regular
			 assignment" means any situation in which counsel is required other than under
			 sub. (1).
(4) "Board" means the
			 state public defender board.
(5)
			 "County designee" means the person, department, office, officer, board or
			 agency selected by the county board and, where appropriate, approved by the
			 state public defender, to do indigency determinations pursuant to s.
			 977.07(1),
			 Stats.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.02 - Emergency assignment procedure

Current through June 24, 2024
(1) In any
			 emergency situation the state public defender or county designee shall evaluate
			 the person for indigency as soon as possible.
(2) In any emergency situation, the
			 representative of the state public defender shall assign the attorney most
			 readily available to handle the emergency situation, whether that attorney is a
			 staff public defender or private attorney.
(3) Unless the interests of justice require
			 otherwise, the person shall be provided regular counsel under s.
			 PD
			 2.03 and the attorney who provides emergency
			 representation need not continue on the case and need not be permanently
			 assigned.
(4) If it subsequently
			 appears that the person provided emergency representation was not entitled to
			 publicly compensated counsel, that person shall be required to compensate the
			 state public defender for those services at the hourly rate in existence at the
			 time of appointment of counsel and, in no case in excess of the maximum cost
			 determined by the state public defender to be the value of those legal
			 services.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.04 - Person's right to refuse specific attorney

Current through June 24, 2024
(1) A person may
			 request that the attorney assigned to represent him or her be discharged and
			 that another attorney be assigned, and the state public defender shall honor
			 such request, provided:
(a) It is the only
			 such request made by the person in that case; and
(b) Such change in counsel will not delay the
			 disposition of the case or otherwise be contrary to the interests of
			 justice.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.06 - Counties in which private counsel may be assigned trial division cases

Current through June 24, 2024
(1)
			 Attorneys may be assigned trial division cases only in those counties in which
			 they reside or maintain their principal office, except that in counties in
			 which there are less than 10 attorneys on any certification list, those
			 attorneys residing or maintaining their principal office in one or more
			 adjacent counties may also be assigned trial division cases in that
			 county.
(2) If necessary for
			 effective client representation, the state public defender may assign an
			 attorney to handle a trial division case even if the attorney does not meet the
			 residency requirements.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.07 - Public representation after case commenced by retained counsel

Current through June 24, 2024
(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
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.08 - Court's right to review indigency determination

Current through June 24, 2024
(1) Any person
			 determined by the state public defender not to be eligible for publicly
			 compensated counsel may request that the court having jurisdiction over the
			 case review the state public defender's indigency determination.
(2) After affording the defendant and a staff
			 attorney of the state public defender the opportunity to be heard, such court
			 may order the state public defender to provide representation, and the state
			 public defender shall assign counsel.
(3) Court-ordered representation shall not
			 preclude a finding of partial indigency and the requirement that the person
			 make partial payment to the state public defender as provided by ch. PD
			 6.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.09 - Special types of representation

Current through June 24, 2024
In the following types of cases private local counsel may be
				assigned from the indicated certification lists:
(1) Probation, parole, or juvenile aftercare
			 revocation cases - from the certified list relating to the original
			 offense.
(2) Extradition cases -
			 from felony or misdemeanor certification list.
(3) Habeas corpus cases (prior to conviction)
			 - from certified list relating to the original offense.
(4) Habeas corpus cases, after conviction -
			 from appellate certification lists or from certification lists relating to the
			 original offense.
(5)
			 Post-conviction motion cases - from appellate certification lists or from
			 certification lists relating to the original offense.
(6) Paternity and contempt cases - from
			 appellate certification lists or misdemeanor or felony certification
			 lists.
(7) Extraordinary remedy
			 cases - from felony, misdemeanor or appellate certification lists, depending on
			 nature of case.
(8) Civil or
			 criminal mental reexamination cases - from certification lists relating to the
			 original proceeding.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.10 - Written notice of assignment

Current through June 24, 2024
(1) As soon as a
			 regular assignment of counsel is made, the representative of the state public
			 defender shall provide the clerk of court having jurisdiction over that case,
			 in writing, the name, address, and telephone number of the attorney providing
			 representation.
(2) In cases
			 assigned to local private counsel, the representative of the state public
			 defender shall send that attorney written confirmation of the assignment
			 showing:
(a) The effective date of the
			 assignment;
(b) The type of case,
			 including the court and case number (if known);
(c) The client's full name, address, phone
			 number, and present location;
(d)
			 Information regarding compensation as provided in ch. PD 4.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.11 - Appellate representation

Current through June 24, 2024
(1) Appellate representation shall be
			 considered a separate case and reassigned under s.
			 PD
			 2.03.
(2)
			 The state public defender shall assign to independent private counsel any case
			 in which a staff attorney of the state public defender's office provided trial
			 representation and it is arguable that the client was not afforded effective
			 representation.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.12 - Investigative and expert services for private attorneys

Current through June 24, 2024
(1) The state
			 public defender may make available to private attorneys assigned under these
			 provisions the services of staff investigators. In the event a staff
			 investigator is not available or is providing services in a conflicting case,
			 the state public defender may authorize the private attorney to retain
			 investigatory services that may reasonably be required, and the investigator
			 shall be compensated by the state public defender.
(2) If a private attorney assigned under
			 these provisions finds it necessary to retain expert assistance, the attorney
			 shall apply to the state public defender for permission to retain that expert
			 assistance. The state public defender may approve the request. In the event of
			 approval, the state public defender shall provide reimbursement for the
			 assistance.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 2 - Assignment procedure › Section PD 2.13 - Staff attorney representation of non-indigent clients

Current through June 24, 2024
If a court appoints a state public defender staff attorney to
				represent a non-indigent client, the state public defender shall receive
				reimbursement from the county for the cost of the state public defender staff
				attorney's representation as follows:
(1) For legal services rendered, at a rate
			 which is in accordance with chapter 81, Wisconsin Supreme Court
			 Rules.
(2) For expenses incurred
			 incident to representation such as, but not limited to, costs for travel,
			 witnesses, discovery or experts, at a rate at which a private attorney would be
			 reimbursed by the county.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.015 - Verification

Current through June 24, 2024
In order to screen the eligibility of applicants and collect
				amounts owed as payment for representation, the state public defender may
				verify information related to eligibility, including social security numbers,
				income records, and proof of eligibility for income-based
				programs.
In its November 1994 report, the legislative audit bureau
				  (LAB) recommended that the state public defender implement a system of
				  verifying financial information provided by applicants in the course of
				  indigency determinations. LAB acknowledged that existing procedures were
				  adequate for incarcerated applicants who could not have their spouses provide
				  verification. The state public defender board strongly supports the goals of
				  enhancing the accuracy of indigency determinations and providing representation
				  by the state public defender to only those persons who are eligible. Therefore,
				  the state public defender has adopted s. PD
				  3.015.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.02 - Cost of retained counsel

Current through June 24, 2024
(1) The anticipated cost of retaining counsel
			 shall be determined by this schedule:
1st degree intentional
							 homicide
$17,500
Appellate category I
$9,000
Appellate category II
$4,500
Other class A/B/C felony
$5,000
Ch. 980 Original petition
$6,000
Ch. 980 Post-commitment
$3,500
Involuntary TPR
$4,500
Other felony
$2,200
Felony diversion
$1,500
Felony delinquency
$1,500
Revocation
$1,400
Chapter 55
$1,200
Paternity
$1,000
Misdemeanor
$750
Traffic misdemeanor
$750
Special proceedings
$750
Other juvenile
$600
Chapter 51
$600
(2)
			 The state public defender shall establish the cost of retaining counsel for any
			 proceeding not covered by the schedule in sub. (1).
(3) The state public defender shall
			 periodically review the actual cost of retaining private counsel and report
			 these findings to the state public defender board. The state public defender
			 board may revise the schedule of the anticipated cost of retaining
			 counsel.
(4) The state public
			 defender may consider, in the case of an applicant who is the subject of two or
			 more separate proceedings, the anticipated cost of retaining counsel in
			 multiple proceedings.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.03 - Determination of financial eligibility

Current through June 24, 2024
(1) An applicant is
			 financially eligible for appointment of counsel by the state public defender if
			 both of the following criteria are met:
(a)
Asset limitations.
The anticipated cost of retained counsel
			 under s.
			 PD
			 3.02 exceeds the applicant's family assets deemed
			 available under sub. (2) to pay the costs of legal representation.
(b)
Income limitations.
The
			 anticipated cost of retained counsel under s.
			 PD
			 3.02 exceeds the applicant's family income deemed
			 available under sub. (3) to pay the costs of legal representation.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.04 - Information provided to applicants

Current through June 24, 2024
Before asking an applicant for financial information, the state
				public defender shall inform the applicant of all of the following:
(1) The applicant will be required to
			 certify, under s.
			 PD
			 3.05(1), the truthfulness of the
			 financial information provided.
(2)
			 The financial information provided by the applicant is not protected by the
			 attorney-client privilege.
(3) The
			 applicant may be prosecuted for a felony offense if the applicant intentionally
			 provides false information.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.05 - Certified statement

Current through June 24, 2024
(1) Except as provided in s.
			 977.07(1),
			 Stats., all applicants for appointment of counsel by the state public defender
			 shall be required to provide truthful information in a financial evaluation
			 form as required under this chapter. Except as provided in s.
			 977.06(2),
			 Stats., all such applicants shall sign a completed financial evaluation form
			 certifying that the financial information that they have provided is accurate
			 to the best of their knowledge and belief, and that they have not disposed of
			 any assets for the purpose of qualifying for the appointment of counsel.
Note: Revised indigency evaluation forms can be obtained at no
				charge from the Office of the State Public Defender, Administration, 315 N.
				Henry Street, 2nd Floor, Madison, WI 53707.
(2) The state public defender may appoint
			 counsel pursuant to telephone eligibility interviews, in which cases the
			 clients shall sign the financial evaluation form as soon thereafter as
			 practicable.
(3) The state public
			 defender shall retain for 3 years all financial evaluations. After such time
			 they shall be maintained pursuant to s.
			 16.61(4),
			 Stats.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.055 - Voluntary termination of employment or disposal of assets

Current through June 24, 2024
(1) If an applicant
			 voluntarily terminates employment within the 90 days following the date of
			 application for representation and for the purpose of having the state public
			 defender appoint counsel, the state public defender shall calculate the
			 applicant's income on the basis of the applicant's wages before the voluntary
			 termination of employment.
(2) If
			 an applicant disposes of assets for the purpose of having the state public
			 defender appoint counsel, the state public defender shall count the asset at
			 its fair market value at the time is was disposed of minus the amount of
			 compensation received for the asset.