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Private Bar Attorney Case Expenses


 

Interpreters

A private bar attorney may retain the services of an interpreter when necessary without prior approval if:

1) the hourly rate conforms to the reimbursement rates established by the office of the Director of State Courts (currently $40 for the first hour and $20 for each additional ½ hour for using certified interpreters and $30.00 for the first hour and $15 for each additional ½ hour for other qualified interpreters); and

2) the total amount of billable interpreter time (professional service + travel) does not exceed 12 hours

The attorney must complete the Interpreter Request form and provide a copy to the interpreter.
 
If the attorney needs to retain an interpreter at a higher rate, if an attorney needs more than 12 hours of interpreter time, or if an attorney has used 12 hours of interpreter time and needs additional hours, the attorney must submit an expense authorization form and must receive approval before proceeding.  

The interpreter must submit a copy of the completed and signed Interpreter Request form with his/her bill to: Wisconsin State Public Defender; PO Box 7923; Madison, WI 53707-7923

The interpreter’s bill shall be itemized. The bill must list the dates of service and time spent performing interpreter duties. Interpreters may charge $25/hour for travel time if providing the service involves travel to a destination more than 30 miles, one way, from the interpreter’s principal office. Travel time must also be itemized by date and indicate the destination city or location. Interpreters may also charge for mileage at the state rate in effect at the time service is provided.

 
SPD Medical Record Pay Rates 146.83(3f)(b) 

2013 Wisconsin Act 342, passed as Senate Bill 599, names an attorney provided by the State Public Defender as a "person authorized by the patient" to request medical records.  This should allow SPD attorneys (staff and private bar appointments) or their agents the ability to contact medical records companies directly and request records at the Medical Assistance reimbursement schedule listed in WI s.146.83(3f)(b). Private bar attorneys should provide the Order Appointing Counsel to the medical records provider so that the correct copy rate is billed to the SPD.

Retrieval Fees not payable. (Effective April 24,2014)
Health Care Provider Letter 2013 WI ACT 342
Health Care Records Q and A
Medical Records Rates


Department Of Corrections Waiver of Copying Fees 

On November 20, 2013, a Memorandum of Understanding was reached between the Department of Corrections and the SPD waiving  copying fees for SPD clients.
 
DOC Authorization for Disclosure of Non-Health Confidential Information
DOC Authorization for Disclosure of Health Confidential Information



Transcripts

The Wisconsin State Pubic Defender's Office (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 an SPD appointed attorney. Prior approval is required for all transcript requests. The SPD reserves the right not to pay transcript expenses which have not received  prior approval. If prior approval is not obtained, the obligation to pay the transcript expense falls upon the attorney who requested the service.

Trial Level Appointments

  1. Attorneys are to use their best judgment when deciding what transcripts are needed. No attorney should have a blanket policy of ordering transcripts.
  2. Transcripts obtained during trial level representation belong to the client, but should 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.
  3. Do not order transcripts for post-conviction review.
  4. If a need arises for you to view transcripts during the appeal, appellate counsel will arrange to make them available to you.
  5. Billings for transcription service should be submitted directly to the SPD Fiscal Unit, P.O. Box 7923, Madison WI 53707-7923.

Appellate Level Appointments

  1. Transcripts needed for post-conviction review will be ordered by SPD Appellate 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. Billings for transcripts requested  by the SPD Appellate Division are directly billed to the SPD Fiscal Unit.

Procedure for Requesting Transcripts
Prior approval is required for all transcript requests.
In Court Transcripts
  1. Submit an expense authorization through your online billing page.
  2. Complete the SPD request for transcript form.  The form must be delivered to the court reporter who was present at the hearing.
  3. 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.
  4. 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.
  5. The court reporter will submit the form and bill directly to the SPD.

Out of Court Transcripts
Revocation, Probation, and Parole

  1. Request a copy of the recording of the revocation hearing from the Division 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. Submit an expense authorization through your online billing page.
  3. Complete the SPD transcript request form.  The form must be submitted to the transcription provider.
  4. Appointed attorneys must use court reporters listed on the state Department of Administration(DOA) court reporter contract list.
  5. The transcriber will submit the form and bill directly to the SPD. 
  6. The SPD will not approve a request for a court reporter to be present at a revocation hearing.
Other Recorded material i.e. interrogations, police video,etc...          
  1. Submit an expense request through your online billing page.
  2. Complete the SPD transcript request form.  The form must be submitted to the transcription provider.
  3. Appointed attorneys must use court reporters listed on the DOA court reporter contract list.
  4. The transcriber will submit the form and the bill directly to the SPD.
Depositions
  1. Submit a case expense authorization through your online billing page.
  2. Complete the SPD transcript request form.
  3. Appointed attorneys must use court reporters listed on the state Department of Administration court reporter contract list.
  4. The transcriber will submit the form and the bill directly to the SPD.


Travel Expenses    

Transportation
    Private automobile with non-availability slip .51/mile
 
Lodging
    In-State
        Maximum: $70.00
        Except- Milwaukee, Racine, Waukesha Counties Maximum: $80.00

Effective July 1, 2015
   
In State
       Maximum: $82.00
        Except-Milwaukee, Racine, Waukesha Counties Maximum: $92.00

    Out-of-State
City determined to be not a high-cost city** $80.00.
 
Hotel and meals may be reimbursed if staying overnight 60 miles or more (one way) from home. Reimbursement is limited to the current state rates in effect at the time the expense is incurred. Prior approval and a receipt is required for reimbursement.

All out-of-state travel expenses require prior approval. Expenses require receipts in the same way as in-state travel, hotel, and meals.  
 
Meals 
    (Meals included in cost of lodging or registration fees are not reimbursable)
    Breakfast $8.00 
    Lunch $9.00
    Dinner $17.00