1. (1) In this section, “conclusion of the case” means the conclusion of trial-level representation for trial cases and the conclusion of appellate-level representation for appellate cases.
2. (2) Within 6 months of the conclusion of the case, the private attorney shall submit their bill pursuant to state public defender posted procedure. The state public defender, or its designee, shall promptly review the bill to insure that attorney time billed reflects reasonable attorney practice in such a case, as determined by the state public defender, and, except as provided for in s. PD 4.06, promptly authorize payment at the rate established under s. 977.08 (4m), Stats.

3. (3) The state public defender’s exercise of discretion and determination whether attorney time billed reflects reasonable attorney practice under this chapter may include consideration of any of the following factors:

   1. (a) The novelty, difficulty, and complexity of the appointed case.
   2. (b) The skill required to provide zealous and competent representation.
   3. (c) The fee customarily charged in the locality for similar legal services.
   4. (d) Time requirements imposed by the circumstances of the appointed case.
   5. (e) Other factors the state public defender deems important or necessary to consider under the circumstances of the appointed case.

History

History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, November, 1984, No. 347, eff. 12-1-84; am. Register, April, 1990, No. 412, eff. 5-1-90; emerg. am. eff. 6-14-95; am. Register, October, 1995, No. 478, eff. 11-1-95; CR 24-042: renum. 4.02 to 4.02 (2) and am., cr. (1), (3) Register July 2025 No. 835, eff. 8-1-25.