STATE EX REL. MILWAUKEE COUNTY v. WCCJ

No. 75-584.

73 Wis.2d 237 (1976)

243 N.W.2d 485

STATE EX REL. MILWAUKEE COUNTY, Petitioner, v. WISCONSIN COUNCIL ON CRIMINAL JUSTICE, and others, Respondents.

Supreme Court of Wisconsin.

Decided June 30, 1976.


Attorney(s) appearing for the Case

For the petitioner there were briefs by Robert P. Russell, corporation counsel, and George E. Rice, deputy corporation counsel, and oral argument by Mr. Rice.

For the respondents the cause was argued by Robert D. Repasky, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Alan M. Lee, assistant attorney general.

Briefs amicus curiae were filed by Howard B. Eisenberg, state public defender, for State Public Defender; by Patrick J. Devitt of Milwaukee, for Wisconsin Defender Association; by Walter F. Kelly, chairperson, Criminal Justice Committee, with Joan Kessler, president, and Stephen Glynn, member executive committee and executive committee liaison to the Criminal Justice Committee, of counsel, on behalf of the Milwaukee Junior Bar Association; and by Nancy E. Goldberg and Marshall J. Hartman, National Legal Aid and Defender Association of Chicago, Illinois, in support of respondents.


CONNOR T. HANSEN, J.

Milwaukee county, petitioner (hereinafter county), seeks a declaration of rights between the parties regarding certain state plans developed by the Wisconsin Council on Criminal Justice, respondent (hereinafter WCCJ), for the appointment of counsel for indigent defendants in criminal cases. The application of the county for funds for this program was denied by the WCCJ.

[1] The action was commenced when the county filed a...

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