Section 3.06. Access to financial evaluations.

 

(1)  Subject to s. 977.06 (4) , Stats., access to financial evaluations of applicants for appointment of counsel by the state public defender may not be granted to any person, except the applicant, a person authorized by the applicant, staff of the state public defender, counsel appointed by the state public defender, or a court in which the applicant has a pending proceeding.

(2)  Requests for access to financial evaluations made by a court in which the applicant has a pending proceeding or by any person not specified in sub. (1) shall be referred to the applicant's counsel, if one has been appointed by the state public defender, and to the state public defender regional supervisor for the county in which the proceeding occurred or is pending.

(3)  If the state public defender regional supervisor believes that the financial evaluation contains information that is privileged under s. 905.03 , Stats., or confidential under chapter 20, Wisconsin Supreme Court Rules, the supervisor shall redact the privileged or confidential information before providing the evaluation to the court under sub. (1) . If the state public defender regional supervisor determines that a requestor is not entitled to access to a financial evaluation, the supervisor shall promptly notify the requestor of the denial of the request.

(4)  During the pendency of the proceeding for which the financial evaluation was completed, questions regarding eligibility may be resolved pursuant to s. 977.06 (4) (a) , Stats.

(5)  Notwithstanding subs. (1) to (4) , and subject to any motion, writ, or other process that the state public defender deems appropriate to contest an order or subpoena, the state public defender shall comply with any court order or subpoena for production of a financial evaluation.

History: Emerg. cr. eff. 5-23-84; cr. Register, November, 1984, No. 347 , eff. 12-1-84; emerg. am. (1), cr. (1m), eff. 5-12-95; am. (1), r. and recr. (2), Register, July, 1995, No. 475 , eff. 8-1-95 ; cr. (1m), Register, January, 1996, No. 481 , eff 2-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats,. Register, May, 1997, No. 497 ; CR 10-133 : r. and recr. Register April 2011 No. 664 , eff. 6-19-11.