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  • August 21, 2024

    The SPD Assigned Counsel Program: Fulfilling the Promise of the Sixth Amendment

    confident lawyer on courthouse steps

    Aug. 21, 2024 – Calling all trial and appellate practitioners! Are you looking to make a difference in an area of law that is professionally and personally fulfilling? Whether a brand new lawyer, an attorney with a few years of experience, or someone at the tail end of a career, the Wisconsin State Public Defender (SPD) has many options and resources for private attorneys interested in representing SPD clients.

    Accepting SPD clients helps new graduates build a law practice, experienced lawyers develop a specialty in criminal defense, and those who wish to wind down a practice stay active.

    Some attorneys appreciate the opportunity to get right into court and develop litigation and trial skills. Others enjoy the flexibility of an appellate practice and the ability to develop constitutional arguments over a cup of coffee in the home office.

    Some are road warriors who enjoy traveling to various counties across the state. Some like the freedom of being their own boss. Whichever model appeals to you, it is in service to a vital role in protecting the constitutional rights of people in the legal system.

    If you are an experienced attorney who has not taken cases before or it’s been a few years, here are some changes that you might not know about:

    • The compensation rate is now $100 per hour, $50 per hour for travel. This has matched the county appointment rate since July 1, 2023.

    • Investigators are now reimbursed at $50 an hour.

    • Since July 1, 2023, SPD now pays $35 per hour for professional support. For example, using a paralegal to help review discovery or prepare for trial.

    • SPD provides expert witnesses and can offer guidance and a list of available experts. There are also specialty practice attorneys available to consult on youth and family defense, mental health, race and ethnic diversity, immigration, forensic sciences, and pre-trial motion practice.

    • SPD has licenses for the private bar for evidence.com which is a powerful tool to review video evidence and prepare transcripts of videos.

    • SPD processes submitted bills within approximately 30 days, a significant reduction in turnaround time if you haven’t taken cases in at least five years. Expedited and interim payments are also available.

    • SPD reimburses attorneys for their professional time. Less than 1% of total invoices are reduced annually, with the majority of adjustments reflecting duplication errors.

    If you are new to Wisconsin, criminal defense practice, or SPD appointments, here is what else you need to know:

    • Attorneys who are interested in starting a nonprofit that provides services to SPD clients can qualify for federal student loan repayment.

    • Varied case types are available. Attorneys can tailor practice areas to misdemeanor, felony, youth, mental health commitment, revocation, or termination of parental rights at the trial or appellate level, and, with the flexibility of remote appearances, in any county or region of the state.

    • Taking SPD appointments can help you rapidly build your practice and get you a significant amount of litigation and courtroom experience.

    • Whether you are new to practice, looking to take a new case type, or just need a refresher on courtroom skills, SPD has extensive on-demand and live training available. The SPD-assigned counsel division has a pool of mentors willing to brainstorm cases and answer questions.

    Getting certified to take SPD cases takes submitting a fillable online form that can be emailed to the assigned counsel division. Trial-level certifications are usually processed within a few days.

    Certification materials and more information are located at https://www.wispd.gov/assigned-counsel-division or interested individuals can contact Assigned Counsel Division Director Kathy Pakes at pakesk@opd.wi.gov.


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