Section PD 2.03 - Regular assignment procedure(1) The state public defender or county designee shall contact any person who claims or appears to be indigent, has requested counsel, or has been referred by the court to the state public defender to determine the person's eligibility for appointment of an attorney by the state public defender.(2) The state public defender and county designee shall be available 24 hours per day including weekends and legal holidays.(3) The state public defender or county designee shall have immediate access in person or by phone to any individual held in custody, including but not limited to city or county jails, detention facilities, or mental health facilities, upon request by the state public defender or county designee, to advise the person of the right to a free determination of the person's eligibility for appointment of an attorney by the state public defender.(4) The county designee shall, upon finding a person eligible, immediately contact the state public defender for purposes of assignment of counsel.(5) The state public defender or county designee shall advise all persons charged with a crime, detained for purposes of juvenile or involuntary civil commitment proceedings, or otherwise facing a legal proceeding which is within the scope of representation provided by the state public defender, prior to their initial court appearance, that they have a right to be represented by an attorney in the proceeding if found eligible. The state public defender or county designee shall advise all persons of the applicable repayment obligation specified in s. PD 6.01, 6.05 or 6.055 and, if applicable, the optional prepayment amount specified in s. PD 6.02. The state public defender or county designee shall also advise all persons prior to their initial appearance that they have a right to a determination of their eligibility for those legal services. The county designee shall forward to the state public defender on a monthly basis the names, addresses, and case numbers of these persons and the dates on which the contacts were made.(6) If the person is eligible for publicly compensated counsel, a representative of the state public defender shall appoint counsel pursuant to s. 977.08, Stats. If no certified counsel is available in a county governed by s. 977.08(5) (a), Stats., appointment shall be to certified private counsel in another county.(7) If the case is to be assigned to a staff attorney, a representative of the state public defender shall notify the supervising attorney in the appropriate office of the state public defender who shall designate a certain attorney to represent that person.(8) If the case is assigned to local private counsel, a representative of the state public defender shall immediately contact the attorney whose name appears on the top of the appropriate certification list and assign that attorney to represent that person. If that attorney cannot accept the assignment, the next attorney on the list shall be contacted and the first attorney's name shall be placed on the bottom of the list as required by s. 977.08(3) (c), Stats. If the attorney accepts the assignment, that attorney's name shall be placed on the bottom of the list. The director of the assigned counsel division may authorize a specific representative of the state public defender to make group assignments of cases. Group assignments may be made by number of cases or by designating an attorney to take all cases assigned during a given time period. The director's authorization shall designate the maximum number of cases in a group or the maximum time period the representative may assign. Each attorney on the list of the state public defender shall be offered an equal opportunity at group assignment of cases. In all other respects, group assignments shall be made in the manner specified for individual assignments.(9) If the case is assigned to local private counsel on a specialized list under s. PD 1.04(6), the assignment shall serve in lieu of that attorney's next appointment from the regular list.Wis. Admin. Code Public Defender Board PD 2.03
Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), renum. (2) to (4) to be (5) to (7), cr. (2) to (4), Register, August, 1981, No. 308, eff. 9-1-81; r. and recr. (1), am. (2), renum. (3) to (7) to be (4) to (8) and am. (5) and (6), cr. (3) and (9), Register, November, 1984, No. 347, eff. 12-1-84; emerg. am. (8), eff. 9-22-89; am. (8), Register, April, 1990, No. 412, eff. 5-1-90; correction in (9) made under s. 13.93(2m) (b) 7, Stats., Register, July, 1995, No. 475; am. (4), (5) and (8), Register, November, 1996, No. 491, eff. 12-1-96; CR 09-068: am. (1), (3) and (5) Register May 2010 No. 653, eff. 6-1-10.