757.66 Recovery of legal fees paid for indigent defendants. Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the court where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
History: 1971 c. 40 s. 93; 1977 c. 187 s. 96; Stats. 1977 s. 757.66; 1979 c. 323, 356; 1983 a. 302; 1989 a. 96; 1993 a. 301.
Recovery of legal defense fees from indigent defendants is discussed. James v. Strange, 407 U.S. 128.
Not Poor Enough: Why Wisconsin's System for Providing Indigent Defense is Failing. Velazquez-Aguilu. 2006 WLR 193.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks.
757.025 - Judge to file affidavit as to work done to receive salary.
757.08 - Vacancy in judgeship not to affect suits.
757.12 - Adjournment to another location.
757.13 - Continuances; legislative privilege.
757.15 - Holding court, effect of holidays.
757.18 - Process, etc., to be in English.
757.19 - Disqualification of judge.
757.22 - Judge not to act as attorney, etc.; attorneys not to have office with judge.
757.23 - Court commissioner, when disqualified.
757.24 - Liability of judicial officers.
757.25 - Money in court, how deposited.
757.26 - Court officers, liability of to arrest.
757.293 - Trust accounts required.
757.30 - Penalty for practicing without license.
757.34 - Attorney not to be bail, etc.
757.35 - Blank process to attorneys.
757.36 - Lien on proceeds of action to enforce cause of action.
757.37 - When action settled by parties, what proof to enforce lien.
757.38 - Consent of attorney in settlement of actions for personal injuries.
757.39 - Judges may direct calendars to be printed.
757.41 - Law library; Milwaukee County.
757.45 - Sharing of compensation by attorneys prohibited.
757.46 - Court reporter not to take statements of injured persons.
757.47 - Taxes of this state enforced in other states.
757.48 - Guardian ad litem must be an attorney.
757.52 - Guardian ad litem for persons not in being or unascertainable.
757.54 - Retention and disposal of court records.
757.60 - Judicial administrative districts.
757.66 - Recovery of legal fees paid for indigent defendants.
757.67 - Testimony of judge of kin to attorney.
757.675 - Supplemental court commissioners.
757.68 - Circuit court commissioners.
757.69 - Powers and duties of circuit court commissioners.
757.70 - Hearings before court commissioners.
757.85 - Investigation; prosecution.
757.87 - Request for jury; panel.
757.91 - Supreme court; disposition.
757.93 - Confidentiality of proceedings.