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Transcript Policy

The SPD, not the counties, pays for transcripts that are ordered by appointed counsel. The SPD will pay for the original and one copy of transcripts that are prepared in response to an authorized request by a SPD appointed attorney. The Wisconsin State Public Defender reserves the right not to pay transcript expenses which have not received the required prior approval. If prior approval is required, but is not obtained, the obligation to pay the transcript expense falls upon the attorney who requested the service.  The following are the policies and procedures for ordering transcripts and payment and payment of transcript costs.

Trial Level Appointments
  1. Attorneys are to use their best judgment when deciding what transcripts they need. No attorney should have a blanket policy of ordering transcripts.
  2. Transcripts require prior approval. Due to a substantially higher cost, they should be requested only in the rarest of circumstances.
  3. Transcripts obtained during trial level representation belong to the client, but they are to be retained by counsel until the conclusion of representation. If a Notice of Intent to Pursue Post-Conviction relief is filed, the transcripts must be forwarded to SPD appellate intake along with the date stamped copy of the Notice of Intent and Appellate Questionnaire.
  4. Do not order transcripts for post-conviction review.
  5. If a need arises for you to view transcripts during the appeal, appellate counsel will arrange to make them available to you.
  6. Bills for transcripts requested are sent directly to the local SPD office.

Appellate Level Appointments

  1. The transcripts needed for post-conviction review will be ordered by SPD staff.
  2. If there are transcripts of trial proceedings missing from the transcripts provided by the SPD or if you need a transcript of a post-conviction hearing, please order them using the procedure described below.
  3. When you request copies of the court record under s. 967.06, Stats., the Clerk of Court will bill the SPD directly.
  4. Transcripts obtained during appellate level representation belong to the client, but they are to be retained by counsel until the conclusion of representation.
  5. Bills for transcripts requested are sent directly to the SPD.

Procedure for requesting transcripts

  1. When you order transcripts, the SPD will pay for the client copy and the original only. The original is filed in the court file. Do not order more than one client copy
  2. You must use the SPD Request for Transcripts form. The form must be delivered to the court reporter who was present at the hearing.
  3. When you receive the transcript, please notify the SPD office that appointed you for the case. Please provide the client name and number of transcript pages received.
  4. The local SPD office will call you if they have received a bill for a transcript you requested and you have not notified the office of its receipt.

Probation Parole Revocation Hearings

  1. Attorneys may request copies of tapes of revocation hearings from the Div. of Hearings and Appeals. If there is particular testimony or portions of the hearing that you need, please limit the request to that portion.
  2. Prior approval is required for a transcript of revocation hearings. The Div. of Hearings and Appeals will prepare the transcript. If there is particular testimony or portions of the hearing that you need, please limit the request to that portion. Use the SPD expense request form to request the required prior approval. 
    Expense request form
  3. Bills for copies of tapes of revocation hearings or a transcription of the tapes prepared by the Div. of Hearings and Appeals are submitted by the Div. of Hearings and appeals to the SPD administrative office in Madison.
  4. Prior approval is required for preparation of revocation transcripts by an outside court reporting service. Such approval will be granted only in the rarest circumstances. Appointed attorneys must use court reporters listed on the state Department of Administration court reporter contract list. Court reporter list A request to hire a court reporter should be sent to the Assigned Counsel Division, 315 N. Henry St. 2nd Floor, Madison, WI, 53703. Use the SPD expense request form for such a request. Expense request form
  5. The SPD will not approve a request for a court reporter to be present at a revocation hearing.

Depositions

  1. Appointed attorneys must use court reporters listed on the state Department of Administration court reporter contract list. 
  2. Hiring a court reporter for a deposition must be pre-approved. A request to hire a court reporter should be sent to the Assigned Counsel Division though the attorney online billing account.  The court reporter must submit the bill for their appearance fees as well as the cost of the deposition to the local SPD office that appointed the attorney.