State of Wisconsin SPD

	Attorneys must be certified by the Wisconsin State Public Defender before they can be given case appointments. There are several levels of trial and appellate certification. Certification levels are based on the complexity of the cases and/or the need for specialized training. Each certification level requires a different level of experience or training. All certification levels require that the attorney request certification and that the attorney is licensed in good standing to practice law in this state.

	All attorneys receiving case appointments from the Wisconsin State Public Defender are expected to meet the Minimum Attorney Performance Standards. Appellate Performance Standards

	Attorney Certification Levels At A Glance

Trial level certification requirements
	Trial Level 1 - misdemeanors, paternities Trial Level 2 - Class E - I felony cases Trial Level 3 - Class B - D felony cases, attempted Class A, Ch. 980 Trial Special 1 - Mental Health Commitments Trial Special 2 - Juvenile Trial Special 3 - Termination of parental rights Trial Special 4 - Probation/parole revocation Trial Special 5 - Writs/extraditions Trial Level 4 - Class A felony cases

Appellate level certification requirements
	Appellate Level 1 - misdemeanors, sentencing after revocation, class I felonies, and pleas in H felonies Appellate Level 2 - pleas in class D felonies, trials in class E - G felonies Appellate Level 3 - trials in class D felonies, all cases of class A and B felonies Appellate TPR Appellate Juvenile Appellate Mental Health Appellate Ch. 980

Trial Level 4 - Class A felony cases Certification application

Trial Level Certification Requirements

Trial level 1 (misdemeanor, paternity) top of page

the attorney has requested certification
the attorney is licensed in good standing to practice law in this state

Trial level 2 - felony with a 20 yr maximum penalty top of page

The attorney must satisfy one of the following criteria

has served one yr as a prosecutor in the past 5 yrs.
has served one yr as a public defender in the past 5 yrs
has trial counsel alone in 5 misdemeanor cases brought to final resolution
has been trial counsel alone in 2 felony cases brought to final resolution
has been trial counsel alone or with another and handled a significant portion of the trial in 2 cases (civil or criminal) tried to a jury to final resolution

Trial level 3 - felony with a maximum penalty of more than 20 yrs., but less than life imprisonment top of page

The attorney must satisfy one of the following criteria:

has served 2 yrs as a prosecutor in the past 5 yrs.
has served 2 yrs as a public defender in the past 5 yrs.
has been trial counsel alone or with another and handled a significant portion of the trial in 5 cases (civil or criminal) tried to a jury to final resolution

Trial Special 1 - Mental Health Commitments top of page

the attorney is certified for Trial level 1 cases
the attorney has completed 2 credits of state public defender provided or approved legal education training in this area
the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification

Trial Special 2 - Juvenile top of page

the attorney is certified for Trial level 1 cases
the attorney has completed 4 credits of state public defender provided or approved legal education training in this area
the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification

Trial Special 3 - Termination of parental rights top of page

the attorney is certified for Trial level 1 cases
the attorney has completed 4 credits of state public defender provided or approved legal education training in juvenile law
the attorney has completed 4 credits of state public defender provided or approve legal education training in termination of parental rights cases

Trial Special 4 - Probation/parole revocation top of page

the attorney is certified for Trial level 1 cases
the attorney has completed 2 credits of state public defender provided or approved legal education training in this area
the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification

Trial Special 5 - Writs and Extraditions top of page

the attorney is certified for Trial level 1 cases
the attorney has completed 1 credits of state public defender provided or approved legal education training in this area
the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification

Appellate Level Certification Requirements

All new appellate certifications are provisional certifications for one year. Attorney performance will be reviewed by the Appellate Division and final certification granted, provisional certification extended or certification denied after one year.

Appellate Level 1 - misdemeanors, sentencing after revocation of probation or parole, Class I felonies, and pleas to class H felonies. top of page

The attorney must satisfy one of the following criteria:

has filed one brief-in-chief in any appellate court in the United States in the past 5 years. (a copy of the brief must accompany the application)
has completed 3 credits of state public defender provided or approved training on appellate procedure, including a law school course, clinical program or judicial clerkship, in the past 3 yrs.

Appellate Level 2 - Class E - H felonies, and pleas to class D felonies top of page

the attorney is certified for appellate level 1 cases
has filed at least 2 briefs-in-chief in Wisconsin appellate courts in the past 5 yrs ( a copy of one brief must accompany the application)
has conducted at least 3 contested trial court hearings, including one evidentiary hearing, in the past 5 yrs.
has met criteria 2 of Appellate Level 1 certification or attended 6 hours of state public defender provided or approved legal education in criminal law within the past one yr.

Appellate Level 3 - pleas to Class A felonies, trial for Class A or B felonies top of page

the attorney is certified for appellate level 2 cases
has filed a minimum of 3 briefs-in-chief in the Wisconsin appellate courts in the past 5 yrs, one of which must have been in an appeal from a felony trial. (a copy of the felony trial brief must accompany the application)
has conducted at least 3 evidentiary hearings in criminal cases in the last 5 yrs.
has met criteria 2 of Appellate Level 1 certification or attended 6 hours of state public defender provided or approved legal education in criminal law within the past one yr.

Appellate - TPR top of page

the attorney is certified for appellate level 3 cases
has completed 4 credit of state public defender provided or approved training in termination of parental rights cases in the last one year.
has been sole trial or appellate counsel in at least one contested termination of parental rights case in the last three years.

Appellate - Juvenile top of page

in certified for appellate level 1 cases
has been sole trial counsel in at least 5 completed juvenile cases in the last 3 yrs.
has completed 4 credits of state public defender provided or approved training in cases under Chs. 48 and 938 in the last one year.

Appellate - mental health commitment top of page

is certified for appellate level 1 cases
has completed 2 credits of state public defender provided or approved training in cases under Chs. 51 and 55 in the last 3 yrs.

Appellate - Ch. 980 Sexually Violent Persons top of page

is certified for appellate level 3 cases
has been sole trial counsel or appellate counsel in at least one contested commitment under ch. 980 in the last 3 yrs.


Trial Level Certification Requirements
Trial level 1 (misdemeanor, paternity) top of page
	the attorney has requested certification the attorney is licensed in good standing to practice law in this state

Trial level 2 - felony with a 20 yr maximum penalty top of page
	The attorney must satisfy one of the following criteria
		has served one yr as a prosecutor in the past 5 yrs. has served one yr as a public defender in the past 5 yrs has trial counsel alone in 5 misdemeanor cases brought to final resolution has been trial counsel alone in 2 felony cases brought to final resolution has been trial counsel alone or with another and handled a significant portion of the trial in 2 cases (civil or criminal) tried to a jury to final resolution
Trial level 3 - felony with a maximum penalty of more than 20 yrs., but less than life imprisonment top of page
	The attorney must satisfy one of the following criteria:
		has served 2 yrs as a prosecutor in the past 5 yrs. has served 2 yrs as a public defender in the past 5 yrs. has been trial counsel alone or with another and handled a significant portion of the trial in 5 cases (civil or criminal) tried to a jury to final resolution
Trial Special 1 - Mental Health Commitments top of page
	the attorney is certified for Trial level 1 cases the attorney has completed 2 credits of state public defender provided or approved legal education training in this area the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification
Trial Special 2 - Juvenile top of page
	the attorney is certified for Trial level 1 cases the attorney has completed 4 credits of state public defender provided or approved legal education training in this area the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification
Trial Special 3 - Termination of parental rights top of page
	the attorney is certified for Trial level 1 cases the attorney has completed 4 credits of state public defender provided or approved legal education training in juvenile law the attorney has completed 4 credits of state public defender provided or approve legal education training in termination of parental rights cases
Trial Special 4 - Probation/parole revocation top of page
	the attorney is certified for Trial level 1 cases the attorney has completed 2 credits of state public defender provided or approved legal education training in this area the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification
Trial Special 5 - Writs and Extraditions top of page
	the attorney is certified for Trial level 1 cases the attorney has completed 1 credits of state public defender provided or approved legal education training in this area the attorney may be conditionally certified if s/he agrees to complete the required training within 6 months of conditional certification
Appellate Level Certification Requirements

All new appellate certifications are provisional certifications for one year. Attorney performance will be reviewed by the Appellate Division and final certification granted, provisional certification extended or certification denied after one year.

Appellate Level 1 - misdemeanors, sentencing after revocation of probation or parole, Class I felonies, and pleas to class H felonies. top of page
	The attorney must satisfy one of the following criteria:
		has filed one brief-in-chief in any appellate court in the United States in the past 5 years. (a copy of the brief must accompany the application) has completed 3 credits of state public defender provided or approved training on appellate procedure, including a law school course, clinical program or judicial clerkship, in the past 3 yrs.
Appellate Level 2 - Class E - H felonies, and pleas to class D felonies top of page
	the attorney is certified for appellate level 1 cases has filed at least 2 briefs-in-chief in Wisconsin appellate courts in the past 5 yrs ( a copy of one brief must accompany the application) has conducted at least 3 contested trial court hearings, including one evidentiary hearing, in the past 5 yrs. has met criteria 2 of Appellate Level 1 certification or attended 6 hours of state public defender provided or approved legal education in criminal law within the past one yr.
Appellate Level 3 - pleas to Class A felonies, trial for Class A or B felonies top of page
	the attorney is certified for appellate level 2 cases has filed a minimum of 3 briefs-in-chief in the Wisconsin appellate courts in the past 5 yrs, one of which must have been in an appeal from a felony trial. (a copy of the felony trial brief must accompany the application) has conducted at least 3 evidentiary hearings in criminal cases in the last 5 yrs. has met criteria 2 of Appellate Level 1 certification or attended 6 hours of state public defender provided or approved legal education in criminal law within the past one yr.
Appellate - TPR top of page
	the attorney is certified for appellate level 3 cases has completed 4 credit of state public defender provided or approved training in termination of parental rights cases in the last one year. has been sole trial or appellate counsel in at least one contested termination of parental rights case in the last three years.
Appellate - Juvenile top of page
	in certified for appellate level 1 cases has been sole trial counsel in at least 5 completed juvenile cases in the last 3 yrs. has completed 4 credits of state public defender provided or approved training in cases under Chs. 48 and 938 in the last one year.
Appellate - mental health commitment top of page
	is certified for appellate level 1 cases has completed 2 credits of state public defender provided or approved training in cases under Chs. 51 and 55 in the last 3 yrs.
Appellate - Ch. 980 Sexually Violent Persons top of page
	is certified for appellate level 3 cases has been sole trial counsel or appellate counsel in at least one contested commitment under ch. 980 in the last 3 yrs.