(2) Any attorney may appeal the state public defender’s certification decision under s. PD 1.03 (2) by serving 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. Service may be accomplished by mail or email.
Note: The mailing address and email for service are 17 S. Fairchild St., 5th Floor, Madison, WI 53703, SPDBoardStaff@opd.wi.gov.
- (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.
- (3m) The parties for any appeal shall be the appealing attorney and the state public defender.
- (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.
(5m)
- (a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purpose. Appearances shall be entered on the record. The board may permit clear and concise opening statements.
- (b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.
- (c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03, Stats.
- (5r) The admission of evidence is governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, 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.
- (7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of an adverse decision, the time allowed for filing each petition and identification of the party to be named as respondent per s. 227.48 (2), 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.
PD 1.06 Decertification for cause. History: Cr. Register, August, 1981, No. 308, eff. 9-1-81; am. (1) and (2), Register, November, 1984, No. 347, eff. 12-1-84; am. (1) and (2), r. (4), Register, October, 1992, No. 442, eff. 11-1-92; r. and recr. Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. Register June 2010 No. 654, eff. 7-1-10.
History
History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) to (6), Register, November, 1984, No. 347, eff. 12-1-84; corrections in (5) and (7), made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1990, No. 412; am. (5), cr. (8), Register, July, 1997, No. 499, eff. 8-1-97; CR 09-067: r. (1), am. (2), (3) and (6) Register June 2010 No. 654, eff. 7-1-10; CR 24-042: am. (2), cr. (3m), (5m), (5r), (7m) Register July 2025 No. 835, eff. 8-1-25.