1. (1) Any attorney may appeal the state public defender’s reduction or denial of any submitted bill. An appeal shall conform with all of the following:

   1. (a) Notice of the appeal is in writing.
   2. (b) Notice is submitted within 30 days of the receipt of the reduced or denied payment.

   3. (c) Delivery of the notice is by mail, email, or in person.

      Note: The mailing address and email for service are 17 S. Fairchild St., 5th Floor, Madison, WI 53703, SPDBoardStaff@opd.wi.gov.

2. (2) Failure to submit an appeal notice within 30 days shall bar the appeal.
3. (3) During the pendency of the appeal the attorney may negotiate the check for the reduced or denied payment without waiver of the right to appeal.
4. (4) 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 prior to hearing, inform the attorney of the time and place of the board meeting at which the appeal will be considered.
5. (5) The attorney may request that the state public defender reproduce and submit to the board material relevant to the appeal. The hearing before the board shall be considered a “class 3” proceeding and is governed by ss. 227.44 to 227.46, Stats.

6. (5m)

   1. (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.
   2. (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.
   3. (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.
7. (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.
8. (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 either affirming or modifying the decision of the state public defender. The written decision shall be mailed to the attorney within 20 days of the board meeting and shall be signed by an officer of the board.
9. (7) The board’s written decision shall constitute findings of fact and conclusions of law within the meaning of s. 227.10, Stats.
10. (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.
11. (8) In the event the board increases the amount to be paid to the attorney,the state public defender shall immediately authorize payment and request that the state treasurer issue the payment as soon as possible.

History

History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (2), (3), (4) and (6), Register, November, 1984, No. 347, eff. 12-1-84; am. (1), renum. (2) to (6) to be (4) to (8), cr. (2) and (3), Register April, 1990, No. 412, eff. 5-1-90; correction in (5) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1990, No 412; emerg. am. (1) (intro.) and (b), eff. 6-14-95; am. (1) (intro.) (b) and (3), Register, October, 1995, No. 478, eff. 11-1-95; CR 24-042: am. (1) (a) to (c), cr. (5m), (5r), (7m) Register July 2025 No. 835, eff. 8-1-25.