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Order For Recoupment Of Costs Of Legal Services JD-1762 - Wisconsin
|Order For Recoupment Of Costs Of Legal Services Form. This is a Wisconsin form and can be used in Juvenile Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Order for Recoupment of Costs of Legal Services JD-1762 §§48.275, 938.275(2), Wisconsin Statutes and State Public Defender administrative rules. JV 2 & 8 To formalize an order for signature by the court official to order the parents to reimburse the state for costs of legal services provided to a juvenile by a publicly paid attorney. Juvenile court clerk for signing by the court official. Original is filed with the court; copy to parents and clerk of court or other agency for creating a payment record. Generally none. Modification; last update12/02. Added State Public Defender Office to the distribution. Chapters 48 and 938 require the parents to reimburse the state for costs of legal services expended by the state on behalf of their child/juvenile. The only exceptions to this requirement are if the parent(s) were the complaining party or if ordering reimbursement would be "unfair." The recoupment is required regardless of whether there was adjudication. The statute requires only that the case is concluded. This would include conclusions through consent decrees, formal adjudications, stipulated dismissals, or even findings of not guilty. The State Public Defender has established by administrative rule the amount of reimbursement to be $480 in juvenile felony matters and $240 in all other matters, regardless of actual attorney costs. The court must enter this order at the conclusion of the proceedings, regardless of whether or not there is an adjudication. Parents who believe they are indigent may seek a determination by the State Public Defender but must do so within 30 days of the date of this order. Payment options are included as part of this order. Each court should: · · establish the identity of the office to receive payments (clerk of court or juvenile clerk), and, by local court rule, a standardized amount to be inserted for the monthly payment if the court does not wish to determine such an amount in each case. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: Enforcement of the order is accomplished through ch. 785 contempt proceedings. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 04/24/2008 Page 1 American LegalNet, Inc. www.FormsWorkflow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE INTEREST OF Order for Recoupment of Costs of Legal Services Name Case No. Date of Birth THE COURT FINDS: 1. The child/juvenile has been: adjudicated in violation of a civil law or ordinance. adjudicated delinquent. released with no adjudication. adjudicated in need of protection or services. the subject of a request for revision/extension/change of placement/permanency plan review. 2. The State Public Defender Office established that the amount of reimbursement shall be $480 in felony matters and $240 for all other cases. 3. The parents were not the complaining or petitioning party and the interests of the child/juvenile and parents are such that reimbursement would not be unfair. The parents are financially able to reimburse costs. THE COURT ORDERS: 1. The parents shall reimburse the State of Wisconsin for attorney services in the total amount of: Other cases: $240.00 Felony: $480.00 Date of Birth Name of Father: Address: Date of Birth Name of Mother: Address: This amount will apply unless the parent meets with the Office of the State Public Defender within 30 days of this order to complete a Statement of Income, Assets, and Living Expenses, and is found to be indigent. The State Public Defender shall complete and send to the court the Public Defender response/order concerning recoupment form for each such parent. Notice to parents: You must have a copy of this order available when you contact the State Public Defender Office. 2. The reimbursement shall be paid as follows: per month. jointly by parents (intact household) in the amount of $ per month. mother in the amount of $ father totally by one parent: split between the parents (divorced or separated household) in the amount of: as a lump sum. per month. for the father: $ as a lump sum. per month. for the mother: $ as a lump sum. as a lump sum. 3. All payments shall be made to . Any remaining payment shall be made beginning 30 days The first payment shall be due on after initial payment and each month on that same date until paid in full. 4. Failure by the parents to comply with this order may result in penalties for contempt of court, including incarceration in the county jail for up to 6 months, forfeitures of up to $2,000 per day for each day of noncompliance, and any other order necessary to ensure compliance with this order. THIS IS A FINAL JUDGMENT/ORDER FOR PURPOSES OF APPEAL. BY THE COURT: Distribution: 1. Original Juvenile Clerk for filing 2. Clerk of Court (for payment record) 3. Parents 4. State Public Defender Office Circuit Court Judge Name Printed or Typed Date JD-1762, 04/08 Order for Recoupment of Costs of Legal Services Page 1 of 1 §§48.275 and 938.275(2), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material.