ExEcuTIvE BRANCH: HUMAN RELATIONS AND RESOURCES


505


tional responsibilities on the department. As this program grows, close relationships
have been
developed, and continue to be developed, with other state agencies that have
programs relating
to national and state emergencies.



                                  Office of the State
                               PUBLIC DEFENDER

Public Defender Board: JAMES E. CARLEY, chairperson; DANIEL M. BERKOS (attorney
member),
   CINDRA CARSON (attorney member), DAGOBERTO IBARRA, CHARLES F. KAHN, JR.
(attorney
   member), ALAN ROBERTSON (attorney member), BRENT SMITH (attorney member),
DON
   WALSH, vacancy (all appointed by Governor.)
State Public Defender: RICHARD J. PHELPS.
Deputy State Public Defender: JUDITH P. COLLINS.
Appellate Division: ERIC SCHULENBURG, chief
Trial Representation Division: MARCUS T. JOHNSON, chief
Administrative Unit: ARLENE F. BANOUL, administrative officer.
Mailing Address: P.O. Box 7923, Madison 53707; location: 131 West Wilson
Street, Madison.
Telephone: (608) 266-0087.
Number of Employes: 317.70.
Total Budget 1985-87: $37,891,100.
Statutory Reference: Section 15.78.
   History: The Office of the State Public Defender was created by Chapter
479, Laws of 1965, as
 an appellate defense program within the Supreme Court's budget. The program
was initiated in
 May 1966, partially financed by a Ford Foundation grant. The Supreme Court
appointed a
 public defender for a term of 5 years, and the public defender, in turn,
had authority to delegate
 representation to assistant state public defenders. Indigent defense at
the trial court level was a
 county responsibility. Determination of indigency was the judge's responsibility
at the defen-
 dant's initial court appearance. After determination of indigency, the judge
either appointed
 private counsel or referred the client to a local public defender office.
   Chapter 29, Laws of 1977, the budget act, transferred the public defender
program from the
Supreme Court to the executive branch as an independent agency called the
Office of the State
Public Defender under the Public Defender Board. The act provided for gradual
implementa-
tion of the public defender program at the trial court level.
   Chapter 34, Laws of 1979, the budget act, provided funding for the implementation
of the
statewide public defender program begun under Chapter 29, Laws of 1977. However,
the Gov-
ernor item vetoed the 1980-81 funding for the program except the private
bar appropriation.
  Chapter 356, Laws of 1979, effective July 1, 1980, established a 4-tiered
system for the trial
representation of indigents - in 25 counties 100% of the cases would be handled
by the private
bar, in 6 counties 50% of the cases would be handled by the private bar and
50% by staff, in 31
counties 25% of the cases would be handled by the private bar and 75% by
staff and in 10 urban
counties 15% of the cases would be handled by the private bar and 85% by
public defender staff.
   1983 Wisconsin Act 377 authorized additional staff to increase the percentage
of the trial level
cases handled by staffin the 47 counties the program was then operating in
from 70% to 75% on
average, beginning in 1984-85.
   1985 Wisconsin Act 29 authorized additional staff to expand respresentation
statewide and to
increase the availability of support staff - investigators, client services
and secretaries.
  Organization: The Public Defender Board is composed of 9 members appointed
by the gover-
nor with the advice and consent of the Senate, to serve staggered 3-year
terms. At least 5 mem-
bers of the board must be members of the State Bar of Wisconsin. The state
public defender is
appointed to serve at the pleasure of the board.
  The Office of the State Public Defender consists of 3 units: the Appellate
Division, the Trial
Division, and the Administrative Unit.