Right to counsel

Key_development Question_mark

Legislation, Paternity - Defendant/Respondent

Indigent male respondents must be appointed counsel in paternity actions where the state is the petitioner, the petitioner is represented by a government attorney, or a court-appointed attorney commenced the action on the child's behalfm unless the respondent knowingly and voluntarily waives the appointment of counsel.  Wis. Stat. Ann. § 767.83(1). The respondent may knowingly and voluntarily waive the appointment of counsel. Representation of the respondent is limited to only paternity proceedings. Wis. Stat. Ann. § 767.83(2). Representation may only be provided "after the results of any genetic tests have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption... that the alleged father is the father of the child." Wis. Stat. Ann. § 767.83(2m).

Appointment of Counsel: categorical Qualified: yes