STATE EX REL. FITAS v. MILWAUKEE COUNTY

No. State 54.

65 Wis.2d 130 (1974)

221 N.W.2d 902

STATE EX REL. FITAS, on behalf of himself and all persons similarly situated, Petitioner, v. MILWAUKEE COUNTY and others, Respondents.

Supreme Court of Wisconsin.

Decided October 3, 1974.


Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Craig E. Miller, chief staff counsel, Corrections Legal Services Program.

For the respondents Hon. Robert M. Curley, chief judge, circuit court, Milwaukee County, and Milwaukee County, there was a brief by Robert P. Russell, corporation counsel, and George E. Rice, deputy corporation counsel, and oral argument by Mr. Rice.

For the respondent Department of Health & Social Services the cause was argued by Gary L. Carlson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

A brief amicus curiae was filed by Howard B. Eisenberg, state public defender.


HEFFERNAN, J.

This original action was brought to determine which branch of the government is required to appoint and compensate counsel required in administrative proceedings for the revocation of probation and parole. We conclude that, until such time as additional legislation may be adopted or until further order of the court, the public defender shall represent all indigent persons against whom proceedings for the revocation of probation or parole have been commenced...

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