Section 2.02. Emergency assignment procedure.

 

(1)  In any emergency situation the state public defender or county designee shall evaluate the person for indigency as soon as possible.

(2)  In any emergency situation, the representative of the state public defender shall assign the attorney most readily available to handle the emergency situation, whether that attorney is a staff public defender or private attorney.

(3)  Unless the interests of justice require otherwise, the person shall be provided regular counsel under s. PD 2.03 and the attorney who provides emergency representation need not continue on the case and need not be permanently assigned.

(4)  If it subsequently appears that the person provided emergency representation was not entitled to publicly compensated counsel, that person shall be required to compensate the state public defender for those services at the hourly rate in existence at the time of appointment of counsel and, in no case in excess of the maximum cost determined by the state public defender to be the value of those legal services.

History: Cr. Register, August, 1978, No. 272 , eff. 9-1-78; renum (1) to (3) to be (2) to (4) and am. (2), cr. (1), Register, August, 1981, No. 308 , eff. 9-1-81; am. (2) and (4), Register, November, 1984, No. 347 , eff. 12-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1995, No. 475 .