Administrative Rules

Pursuant to its authority in Wis. Stat. Ch. 977, the Wisconsin State Public Defender Board promulgates rules in compliance with the requirements of Wis. Stat. Ch. 227, applicable executive orders, and legal precedent.

All current rules in effect can be found in the Wisconsin Administrative Code, Chapter PD. Below are pending rule changes and their current status in the administrative process.

PD 2 - Repealing Wis. Admin. Code § PD 2.11 and amending the definition in § PD 2.01(2) of “regular assignment” (Permanent rule)

Statement of scope: Statement of Scope SS 085-25
Scope expiration date: 6/29/28
Promulgation status: Drafting

PD 8.02 – Fees paid for discovery (Permanent rule)

Statement of scope: Statement of Scope SS 031-26
Scope expiration date: 12/1/2028
Promulgation status: Drafting

PD 3 - Adjusting the anticipated cost of counsel for other felony representation (Permanent rule)

Statement of scope: Statement of Scope SS 056-26
Scope expiration date: 2/3/2029
Promulgation status: Preliminary public hearing

Active notices: Notice of Preliminary Public Hearing and Comment Period on Statement of Scope

Public hearing information:

Hearing October 2, 2026 at 10 a.m. at 17 S. Fairchild St., 5th Floor Conference Room, Madison, WI 53703 or via Zoom at https://us02web.zoom.us/j/88562239334?pwd=EnaJb2xKIUPbjkUFAKfnEFNtCQ9AZk.1

Written comments may be submitted via email to Jaclyn Shelton at [email protected]. All written comments must be received on or before 5:00 p.m. October 2, 2026.

PD 6: Adjusting timeline parameters for the discount fee framework and account referrals to collections (Permanent rule)

Statement of scope: Statement of Scope SS 054-26
Scope expiration date: 2/3/2029
Promulgation status: Drafting

Public input on administrative rules

The Wisconsin State Public Defender (SPD) welcomes input from the public during the development of administrative rules. Pursuant to Wis. Stat. § 227.19(3)(b), the agency will report a summary of comments received during public comment periods to the Wisconsin Legislature. Included in this report will be the SPD’s response to those comments and an explanation of any modifications made to the proposed rule as a result of public feedback or testimony received at a public hearing.

Please note that submitting comments is voluntary; however, any personal information provided may be subject to disclosure to requestors to the extent required by the Wisconsin Open Records Law (Wis. Stat. §§ 19.31–19.39).

How to submit public comments

Public comments should be submitted during the designated public comment periods for applicable administrative rules through one of the following methods:

Wisconsin State Legislature website: Submit comments directly through the Wisconsin State Legislature Administrative Rules platform.
Email: [email protected]
U.S. Mail: Wisconsin State Public Defender, c/o Legal Counsel – Admin Rule, P.O. Box 7923, Madison, WI 53707-7923

Questions? Please contact:

Jaclyn Shelton, Legal Counsel at [email protected]