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Wisconsin Legislature· AB 939A - Enacted into Law

Eliminating obsolete provisions regarding the term of a state public defender and the removal of the state public defender (suggested as remedial language by the State Public Defender), the official text

Shown verbatim: the complete text as captured from the official page posted by the Wisconsin Legislature, fetched 2026-08-23. This is the current version. The official bill page.
2025 - 2026 LEGISLATURE
LRB-6062/1
CMH:ajk

2025 ASSEMBLY BILL 939
January 28, 2026 - Introduced by Law Revision Committee. Referred to Committee on Rules.

An Act to amend 977.03 (1), 977.05 (1) and 977.05 (2) of the statutes; relating to: eliminating obsolete provisions regarding the term of a state public defender and the removal of the state public defender (suggested as remedial language by the State Public Defender).

Analysis by the Legislative Reference Bureau
Current law specifies the term of office for the state public defender but makes an exception for the term for the state public defender who was in office as of July 1, 1980. This bill removes the obsolete exception.
Current law specifies how the state public defender may be removed but makes an exception for the state public defender serving a term commencing prior to July 1, 1980. This bill removes the obsolete exception.
For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation proposal, requested by the State Public Defender and introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of the various provisions of this bill, the Law Revision Committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

Section 1. 977.03 (1) of the statutes is amended to read:
977.03 (1) The board may remove the state public defender pursuant to the procedure under s. 977.05 (2). The board may enter into contracts with federal governmental agencies and local public defender organizations for the provision of legal services under this chapter.
Note: This Section strikes a reference to an obsolete procedure for removing a state public defender.
Section 2. 977.05 (1) of the statutes is amended to read:
977.05 (1) Appointment. The board shall appoint a state public defender, who shall be a member of the State Bar of Wisconsin. The state public defender shall serve for a period of 5 years and shall continue until a successor is appointed, except that at the conclusion of the 5-year term of the state public defender in office as of July 1, 1980, the state public defender shall be appointed to serve at the pleasure of the board. He or she shall devote full time to the performance of duties as state public defender.
Note: This Section eliminates an obsolete reference to the public defender’s term of office.
Section 3. 977.05 (2) of the statutes is amended to read:
977.05 (2) Removal. During a 5-year term commencing prior to July 1, 1980, the state public defender may be discharged only for cause by the board after a public hearing. If the state public defender is serving at the pleasure of the board, he or she is subject to removal under s. 17.07.
Note: This Section eliminates an obsolete reference to the public defender’s term of office.
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