State Public Defender v. Circuit Court For Marinette County
State Public Defender v. Circuit Court For Marinette County
Opinion of the Court
The state public defender appeals the circuit court order appointing it as counsel for Michael P. Violi. The public defender argues that Violi does not meet its "indigent" criteria and that rare and unusual circumstances necessitating its appointment as counsel are not present. We agree and reverse the circuit court's order.
At the review hearing, Violi testified that he had contacted some attorneys and could not afford one. The court determined that Violi was not indigent and ordered him to contact other attorneys and to contact banks regarding a loan to cover his trial expenses. At a second review hearing, Violi related that he could not get a loan and could not afford the retainer fees quoted to him by seven attorneys, but stated that he could afford to pay $100 per month to an attorney. The public defender was neither notified of nor present at these hearings. The court ruled:
I do find that you are partially indigent but certainly not indigent under the guidelines of the Public Defender's office. I find that... you can ... make a payment of one hundred dollars per month. I'm going to order the State Public Defender's office to represent you .. . and . . . you should begin making payments of a hundred dollars per month to the Public Defender's office.
When the public defender received this order, it asked the court to clarify whether the court was finding Violi partially indigent under the public défender standards or was, because of unusual circumstances, ordering it to represent Violi even though he was not indigent or partially indigent. The court acknowledged that Violi was not partially indigent under public defender standards, but stated that under State ex rel. Chiarkas v.
A circuit court has the discretion to appoint counsel for a defendant in a criminal case under its inherent authority. In re Contempt in State v. Lehman, 137 Wis. 2d 65, 76, 403 N.W.2d 438, 443-44 (1987). An appellate court will sustain a discretionary act if the trial court examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach. Loy v. Bunderson, 107 Wis. 2d 400, 414-15, 320 N.W.2d 175, 184 (1982).
The public defender's office has standards to determine whether a defendant qualifies as indigent or partially indigent and is therefore eligible to be represented by the public defender. Wis. Admin. Code § SPD 3. Attorneys working for the public defender are not
Additionally, Skow states that ”[b]ecause the State Public Defender has been created to represent indigent individuals, and any representation of non-indigent individuals diminishes the State Public Defender's ability to fulfill that legislative goal, the circuit court should appoint counsel from the private bar as a matter of general practice."
Here, the trial court was not faced with a situation where no other reasonable alternative was available. Necessity did not require it to name the public defender
By the Court. — Order reversed and cause remanded.
Skow also states that courts may appoint the public defender to represent a defendant who does not meet the public defender standards only in "rare and unusual circumstances." Id. at 138,465 N.W.2d at 630. We construe rare and unusual circumstances to mean when no other reasonable alternative is available.
We note that several members of the private bar are listed as attorneys who may be appointed by the state public defender. Inclusion on this list does not preclude one horn being named by the court directly even in the absence of rare and unusual circumstances.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.