571


EXECUTIVE BRANCH: HUMAN RELATIONS AND RESOURCES


  Agency Responsibility: The department provides an armed military force
(the National Guard)
organized, trained, equipped and available for use, under official orders,
in state and national
emergencies. The prime mission of the National Guard, as required by the
federal government, is
to provide trained units to the active army and air force in time of war
or national emergency. Its
state mission is to assist civil authorities by providing protection of life
and property and preserv-
ing peace, order and public safety in times of natural or man-made emergencies.
  Unit Functions: The Adjutant General commands, administers and supervises,
through his dep-
uty adjutants general, all National Guard functions in Wisconsin.
  Interagency Relationships: The National Guard is maintained by both federal
and state gov-
ernments, and the composition of units of the Army and Air Guard is as authorized
by the
secretary of defense. In time of war or national emergency, the guard may
be activated to aug-
ment regular forces on active duty.





                                  Office of the State
                               PUBLIC DEFENDER

Public Defender Board: DANIEL M. BERKOS (attorney member), chairperson; DONALD
WALSH,
   vice chairperson; MARC T. MCCRORY, ALAN ROBERTSON, JAMES T. ROGERS, vacancy
(attorney
   members); ARMANDO A. BRAS; LYNDA S. CULLEY; DAGOBERTO IBARRA (all appointed
by
   governor).
State Public Defender: NICHOLAS L. CHIARKAS.
Deputy State Public Defender: ANN REILLY.
Administrative Unit: ARLENE F. BANOUL, administrative officer.
Appellate Division: ERIC SCHULENBURG, chief.
Trial Representation Division: MARCUS T. JOHNSON, chief.
Mailing Address: P.O. Box 7923, Madison 53707; location: 131 West Wilson
Street, Madison.
Telephone: (608) 266-0087.
Number of Employes: 349.10.
Total Budget 1987-89: $50,206,000.
Statutory Reference: Section 15.78.
   History: Chapter 479, Laws of 1965, created the Office of the State Public
Defender as an
 appellate defense program within the Wisconsin Supreme Court, funded in
part by a private
 Ford Foundation grant. The court appointed the public defender to a renewable
5-year term
 and could remove an incumbent of that office only for cause. The public
defender had authority
 to delegate representation to assistant state public defenders.
   At that time, indigent defense at the trial court level was a county responsibility.
After making
 a determination of indigency at a defendant's initial court appearance,
the judge either ap-
 pointed private counsel or referred the client to a local public defender.
   Chapter 29, Laws of 1977, transferred the public defender program from
the Supreme Court
 to the executive branch. It established the Office of the State Public Defender
as an independent
 agency under the Public Defender Board, which appointed the public defender
for a 5-year,
 renewable term, with removal only for cause. This law also provided for
gradual implementa-
 tion of the public defender program at the trial court level by making the
board responsible for
 establishing the percentage of cases in each county to be handled by local
counsel.
   Chapter 34, Laws of 1979, funded the implementation of the public defender
program begun
 under Chapter 29, Laws of 1977, but the governor vetoed all but the private
bar portion of the
 program's 1980-81 funding. Chapter 356, Laws of 1979, enacted in a June
1980 special session,
 required study of the program and set November 1985 as the sunset date for
the Office of the
 State Public Defender. The latter provision was repealed by 1985 Wisconsin
Act 29, however.