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PUBLIC DEFENDER v. FOND DUE LAC CTY. CIR. CT.

Nos. 94-2947, 94-2948.

198 Wis.2d 1 (1995)

542 N.W.2d 458

IN RE the APPOINTMENT OF COUNSEL IN STATE V. Richard J. WITTIG: STATE PUBLIC DEFENDER, Appellant, v. CIRCUIT COURT FOR FOND DU LAC COUNTY and Hon. John W. Mickiewicz, Respondents.

Court of Appeals of Wisconsin.

Decided October 25, 1995.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Mary Woolsey Schlaefer, assistant attorney general.

On behalf of the respondents, the cause was submitted on the brief of John A. St. Peter and Paul W. Rosenfeldt of Edgarton, St. Peter, Petak, Massey & Bullon of Fond du Lac.

On behalf of the Wisconsin Counties Association, there was an amicus curiae brief by Robert Horowitz of Stafford, Rosenbaum, Rieser & Hansen of Madison.

Before Brown, Nettesheim and Snyder, JJ.

SNYDER, J.

The State Public Defender (SPD) appeals from an order requiring its office to appoint counsel for Richard J. Wittig at state expense without right of reimbursement from Fond du Lac County. The SPD had determined that Wittig did not qualify as indigent according to its written standards. See WIS. ADM. CODE §§ PD 3.01-3.06. Judge John W. Mickiewicz reviewed this determination and ruled that the SPD...

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