Right to counsel

Key_development Question_mark

Legislation, Incarceration for Fees/Fines (incomplete)

in Brotzman v. Brotzman, 283 N.W.2d 600 (Wis. App. 1979), the Court of Appeals held that the right to counsel in Wis. Stat. Ann. § 967.06 applies to civil contempt proceedings.  The court cited to Section 967.06(1), which states: "As soon as practicable … in connection with any civil commitment proceeding …the person shall be informed of his or her right to counsel.". Subsection (2)(a) states, "Except as provided in par. (b), a person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07(1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority."

Appointment of Counsel: categorical Qualified: yes