Determination of indigency; appointment of counsel; preparation of record.

(1) As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel.

(2)

(a) Except as provided in par. (b) , a person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer’s services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1) . The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.

(b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48 , 51 , 55 , 938 , or 980 , the person shall be referred for appointment of counsel as provided under s. 48.23 (4) , 51.60 , 55.105 , 938.23 (4) , or 980.03 (2) (a) , whichever is applicable.

(3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (a) , compensate the court reporter or clerk of circuit court for the cost of preparing, duplicating, and mailing the documents.

History: Sup. Ct. Order, 71 Wis. 2d ix (1975); 1977 c. 29 , 418 ; 1979 c. 356 ; 1981 c. 20 ; 1983 a. 377 ; 1993 a. 16 ; 2007 a. 20 ; 2017 a. 59 , 184 .