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).
Summary
AB939 is a narrow remedial bill that updates Wisconsin statutes governing the State Public Defender. It removes outdated language tied to an old transition period in the office’s appointment and removal provisions, including references to a 5-year term that applied only to the public defender in office as of July 1, 1980, and to a now-obsolete removal procedure.
The bill amends three sections of the statutes: s. 977.03 (1), s. 977.05 (1), and s. 977.05 (2). In practical terms, it clarifies that the State Public Defender is appointed by the board, must be a member of the State Bar of Wisconsin, and serves under current removal rules rather than legacy provisions that no longer have operative effect. The prefatory note indicates the measure was requested by the State Public Defender and introduced by the Law Revision Committee as remedial legislation, with the committee concluding that the changes are minor but desirable public policy updates.
Impact
AB939 makes limited but important housekeeping changes to Wisconsin’s public defender statutes by deleting obsolete appointment and removal language that could create confusion in interpretation. It does not change the core structure of the State Public Defender system, but it modernizes the statutory text so that the governing provisions reflect current law and practice. The affected parties are the State Public Defender Board, the State Public Defender, and indirectly the public defense system administered under chapter 977.
Sentiment
The overall sentiment around the bill appears neutral to positive. Because the measure is described as remedial and requested by the State Public Defender, it was presented as a technical cleanup rather than a controversial policy change. The Law Revision Committee’s prefatory note explicitly states that the changes are minor and desirable as a matter of public policy, suggesting broad institutional support and little expectation of opposition.
Contention
There is little visible contention in the available materials, likely because the bill is limited to removing obsolete statutory references. The only substantive issue is whether the legislature should retain or delete legacy language about the State Public Defender’s term and removal, but the bill’s sponsors and the Law Revision Committee treat those provisions as outdated and unnecessary. No committee debate or recorded votes are provided, and the bill history shown does not indicate any opposition.
Crossfiled
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).