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Wisconsin Statutes

Wis. Stat. § 55.105 (2026)

Appointment of counsel

✓ current as of July 2026
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55.10555.105 Appointment of counsel.
55.105(1)(1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
55.105(2)(2) In any situation under this chapter in which a minor has a right to be represented by legal counsel, legal counsel for the minor shall be appointed as provided in s. 48.23 (4).
55.105(3)(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
55.105 HistoryHistory: 2007 a. 20.
Notes of Decisions
Cited in 2 cases, 2009–2018 · leading case: In Re Guardianship of Genevieve M., 2009 WI App 173 (Wis. Ct. App. 2009).
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In Re Guardianship of Genevieve M., 2009 WI App 173 (Wis. Ct. App. 2009). · cites it 2× “08 (1), setting forth the state public defender's duty of representation under Wis. Stat. § 55.105 , nor Rules 809.30 and 809.”
Ozaukee Cnty. Dep't of Human Servs. v. S. S. Z. (In re S.S.Z.), 921 N.W.2d 524 (Wis. Ct. App. 2018). · cites it 4× “While the person is entitled to retain private counsel, it is "at his or her own expense." Sec.”
— Wis. Stat. § 55.105(1) — 1 case
Ozaukee Cnty. Dep't of Human Servs. v. S. S. Z. (In re S.S.Z.), 921 N.W.2d 524 (Wis. Ct. App. 2018). “While the person is entitled to retain private counsel, it is "at his or her own expense." Sec.”
— Wis. Stat. § 55.105(3) — 1 case
Ozaukee Cnty. Dep't of Human Servs. v. S. S. Z. (In re S.S.Z.), 921 N.W.2d 524 (Wis. Ct. App. 2018). “While the person is entitled to retain private counsel, it is "at his or her own expense." Sec.”
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