FORM SUMMARY Name of Form: Public Defender Response/Order Concerning Recoupment Form Number: JD-1763 Statutory Reference: §§48.275, 938.275(2), Wisconsin Statutes, and State Public Defender administrative rule. Benchbook Reference: JV 8 Purpose of Form: A formal response by the State Public Defender to the court concerning a parental request for an indigency determination. Parents who are ordered by the court to reimburse the state for cost of legal services provided by a publicly paid attorney may request an indigency evaluation within 30 days of such an order. Who Completes It: State Public Defender Distribution of Form: Original is filed with the court. The SPD will maintain a copy for its records and provide copies to the parents. Accompanying Forms: Generally none. New Form/Modification: New form Modifications: Added a file/date stamp area to upper left corner. Added a statement on the bottom indicating that the form shall not be modified. Comments: §§48.275 and 938.275, Wisconsin Statutes, require the parents to reimburse the state for cost of legal services expended by the state on behalf of their child/juvenile. The only exceptions to this requirement are if the parent(s) were the complaining party or if ordering reimbursement would be "unfair." Parents who believe they are indigent may seek a review by the State Public Defender but must do so within 30 days of the date of the order. The SPD makes a determination of the validity of the request and reports the results to the court. Depending on the SPD response, the court will complete the bottom portion retaining or amending the original order. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. I f you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 11/19/99 Page 1 American LegalNet, Inc. www.FormsWorkflow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Public Defender Response/ Order Concerning Recoupment IN THE INTEREST OF Name Case No. Date of Birth PUBLIC DEFENDER RESPONSE 1. 2. 3. The child/juvenile was provided legal services through the Office of the State Public Defender, either as appointed or staff counsel. The court has ordered the parent(s) of this person to reimburse the State of Wisconsin for the cost of those services in the total amount of $ . The court ordered this sum to be paid: jointly by parents. totally by one parent: father. mother. split between the parents as follows: father: $ mother: $ The following parent has requested an indigency review: father: (name) mother: (name) this is an intact family; both parents(named above) have jointly requested review. The Public Defender reviewed the ability of the requesting person(s) to pay the sums ordered and reports to the court that: a. The parent(s) requesting review is indigent. That parent has no obligation for reimbursement and the original Order for Recoupment should be amended. b. The parent(s) requesting review is partially indigent. The original Order for Recoupment of Costs and Legal Services should be amended to indicate that the parent(s) is able to pay $ . c. The parent(s) requesting review is not indigent. The original Order for Recoupment of Costs of Legal Services should not be modified. d. The parent(s) request was untimely. The original Order for Recoupment of Costs of Legal Services should not be modified. Signature Title Date AMENDED REIMBURSEMENT ORDER Based on the response of the State Public Defender, IT IS ORDERED: 1a. The parent(s) requesting review is indigent. The original Order for Recoupment, as it affects the parent(s) requesting review, is amended to provide that there is no obligation by that parent(s) to reimburse the State of Wisconsin. 1b. The parent(s) requesting review is partially indigent. The original Order for Recoupment of Costs of Legal Services, is amended to provide that the obligation by that parent(s) is the amount indicated in 3b above. 1c. The parent(s) requesting review is not indigent. The original Order for Recoupment of Costs of Legal Services, as it affects the parent(s) requesting review, shall remain in effect, including the payment schedule. 2. Any failure by the parent(s) to comply with this order shall subject that party to penalties for contempt of court, including incarceration in the county jail for up to 6 months, forfeitures of up to $2,000 per day for each day of noncompliance and any other order necessary to ensure compliance with this order. BY THE COURT: Signature of Circuit Judge Distribution: 1. Original – Court 2. Parent(s) requesting Review 3. State Public Defender JD-1763, 11/99 Public Defender Response/Order Concerning Recoupment Name Printed or Typed Date §§48.275 and 938.275(2), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. American LegalNet, Inc. www.FormsWorkflow.com