Section 1.05. Appeal of certification decisions.

 

(2)  Any attorney may appeal the state public defender's certification decision under s. PD 1.03 (2) by mailing 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.

(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.

(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.

(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.

(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.

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.

Note

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. Microsoft Windows NT 6.1.7601 Service Pack 1