Wisconsin Statutes
Wis. Stat. § 967.06 (2026)
Determination of indigency; appointment of counsel; preparation of record
✓ current as of July 2026
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967.06(1)(1) As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel.
967.06(2)(a)(a) 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.
967.06(2)(b)(b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48, 51, 55, 938, or 980, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, 938.23 (4), or 980.03 (2) (a), whichever is applicable.
967.06(3)(3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, duplicating, and mailing the documents.
967.06 HistoryHistory: Sup. Ct. Order, 71 Wis. 2d ix (1975); 1977 c. 29, 418; 1979 c. 356; 1981 c. 20; 1983 a. 377; 1993 a. 16; 2007 a. 20; 2017 a. 59, 184.
967.06 AnnotationThe defendant was entitled to court-appointed counsel in a state-initiated civil contempt action. Brotzman v. Brotzman, 91 Wis. 2d 335, 283 N.W.2d 600 (Ct. App. 1979).
967.06 AnnotationThis section gives the State Public Defender the right to receive juvenile records of indigent clients notwithstanding s. 48.396 (2). S.M.O. v. Resheske, 110 Wis. 2d 447, 329 N.W.2d 275 (Ct. App. 1982).
967.06 AnnotationIf the court is put on notice that the accused has a language difficulty, the court must make a factual determination of whether an interpreter is necessary. If so, the accused must be made aware of the right to an interpreter, at public cost if the accused is indigent. A waiver of the right must be made voluntarily in open court on the record. State v. Neave, 117 Wis. 2d 359, 344 N.W.2d 181 (1984).
967.06 AnnotationPolice had no duty to inform a suspect during custodial interrogation that a lawyer retained by the suspect’s family was present. State v. Hanson, 136 Wis. 2d 195, 401 N.W.2d 771 (1987).
967.06 AnnotationThe county must provide free transcripts to the State Public Defender. State v. Dresel, 136 Wis. 2d 461, 401 N.W.2d 855 (Ct. App. 1987).
967.06 AnnotationA public defender appointed as postconviction counsel is entitled to all court records including the presentence investigation report; access may not be restricted under s. 972.15 (4). State ex rel. Oliver v. Goulee, 179 Wis. 2d 376, 507 N.W.2d 145 (Ct. App. 1993).
967.06 AnnotationThe State Public Defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under s. 977.07 (1) for an inmate who has requested counsel and claims indigency. Section SPD 2.03 (3) and (5) (July 1990), Wis. Adm. Code, exceeds the bounds of this section. 78 Atty. Gen. 133.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1975–2025 · leading case: State v. Hanson, 401 N.W.2d 771 (Wis. 1987).
State v. Hanson, 401 N.W.2d 771 (Wis. 1987). “Stated another way, can an attorney exercise the accused's right to counsel without any request for counsel by the accused? Another issue is whether sec. 967.06, Stats., [2] requires the defendant be advised that he is entitled to *200 consult with an attorney even though the…”
State Ex Rel. S.M.O. v. Resheske, 329 N.W.2d 275 (Wis. Ct. App. 1982). “The following day, the public defender *449 submitted a written request for the record to the juvenile court clerk, pursuant to sec. 967.06, Stats. The public defender was informed that Judge Snyder would allow the public defendant to inspect the record in the Wau-kesha county…”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). “2d 844 (1987); (42) Wisconsin: see Wis. Stat. §967.06 (2003–2004); (43) Wyoming: see Wyo.”
Alabama v. Shelton, 535 U.S. 654 (2002). “Code § 50 -43 (2000); Wis. Stat. § 967.06 (1998); Wyo. Stat. Ann.”
State Ex Rel. Off. of the State Pub. Def. v. Court of Appeals, 2013 WI 31 (Wis. 2013). “Bar Ass'n Project on Minimum Standards for Criminal Justice, Standards Relating to Sentencing Alternatives and Procedures (Approved Draft, 1968), ABA Advisory Committee on Sentencing and Review, § 4.3, at 210-11 (stating that the PSI should not be a public record, but should be…”
State v. Pultz, 556 N.W.2d 708 (Wis. 1996). “; Wis. Stat. § 967.06 . 9 The State asserts that the Ferris rule is superseded by the United States Supreme Court's holding in Lassiter , and should be abandoned.”
Frederick G. Jackson v. Matthew J. Frank, 1, 348 F.3d 658 (7th Cir. 2003). “” Wis. Stat. § 967.06 . Jackson filed a motion to suppress his confession, arguing that he did not knowingly and voluntarily waive his Miranda rights.”
Brotzman v. Brotzman, 283 N.W.2d 600 (Wis. Ct. App. 1979). “[13] Upon finding the defendant was indigent, in the absence of an available representative of the state public defender or waiver by the defendant, the court should have assigned counsel for the defendant.”
State Ex Rel. Chiarkas v. Skow, 465 N.W.2d 625 (Wis. 1991). “[2] Section 967.06, Stats., provides, in part: Determination of indigency; appointment of counsel; preparation of record.”
State v. Sidney, 225 N.W.2d 438 (Wis. 1975). “The payment of attorneys’ fees for counsel appointed to represent an indigent criminal defendant is controlled, in part, by the provisions of sec. 967.06, Stats., and partially by the prior decisions of this court.”
State Ex Rel. Girouard v. Circuit Court for Jackson Cnty., 439 N.W.2d 833 (Wis. Ct. App. 1989). “In addition, where the legislature has provided for free transcripts for indigents, such as in sec. 967.06, Stats., the legislature has also indicated who is to pay for these transcripts.”
State v. Rembert, 299 N.W.2d 289 (Wis. Ct. App. 1980). “The rules need not require a party, as a condition of taking an appeal, to procure and pay for, or in the case of the state public defender, cause the county to pay for, pursuant to sec. 967.06, Stats., a copy of the transcript when the original is readily available.”
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