Section 8.02. Maximum rates for copies of discovery materials.

 

(1)  The following rates are the maximum fees that the state public defender may pay for copies of discovery materials in any case or proceeding in which the state public defender appoints counsel:

(a) For paper copies of written or printed materials, $0.20 per single-sided page, or $0.35 per double-sided page.

(b) For copies of digital videodiscs (DVDs), digital audio recordings, and compact discs (CDs), $5.00 per disc.

(c) For copies of photographs, $0.50 per print for a print that is 5x7 inches or less, and $1.00 per print for all others.

(d) For copies of videocassette recorder (VCR) tapes and audio cassette tapes, $5.00 per recording.

(2)  The state public defender may not pay a fee for ancillary expenses related to the provision of discovery materials, including fees for the following:

(a) Labor costs, postage, shipping, equipment costs, or other costs that would result in a fee exceeding the amount specified in sub. (1) .

(b) Compiling, preparing, reviewing, or transmitting paper or electronic documents.

(c) Duplicate items, unless specifically requested by the attorney appointed by the state public defender.

(d) Items that the state public defender has advised the provider not to include within discovery materials.

(3)  Except as provided in sub. (2) , the state public defender may establish temporary maximum fees for copies of discovery materials in formats not specified in sub. (1) . The state public defender shall report any fees established under this subsection to the board, which may consider promulgating rules to revise the rates in sub. (1) .

EmR0926 : emerg. cr. eff. 10-3-09; CR 10-022 : cr. Register July 2010 No. 655 , eff. 8-1-10.