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SB1165: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6557/1
JK:cjs
2025 SENATE BILL 1165
March 19, 2026 - Introduced by Senators
Roys
,
Larson
and
Drake
, cosponsored by Representatives
Clancy
,
Hong
,
Madison
,
Joers
,
Moore Omokunde
,
Palmeri
,
Sinicki
,
Snodgrass
,
Stubbs
,
Arney
,
Bare
,
Goodwin
,
Mayadev
,
McCarville
,
Roe
,
Stroud
,
Tenorio
,
Anderson
and
Subeck
. Referred to Committee on Judiciary and Public Safety.
SB1165,1,9
1
An Act
to renumber and amend
799.20 (4);
to amend
704.17 (4), 799.09,
2
799.12 (6) (c) (intro.), 799.14 (2), 799.16 (3) (b), 799.16 (4) (c) (title), 799.20
3
(title), 799.20 (1), 799.206 (3), 799.207 (1) (a), 799.207 (1) (b), 799.21 (2),
4
799.22 (2) and 799.41 (1);
to create
20.640, 20.923 (4) (f) 2g., 230.08 (2) (qm),
5
704.145, 758.10, chapter 759, 799.05 (8), 799.16 (4) (d), 799.20 (3), 799.20 (4)
6
(a), 799.22 (4) (b) 4., 799.40 (4) (c) and 799.425 of the statutes;
relating to:
7
creating an Office of Civil Legal Aid to be overseen by a Civil Legal Aid Board,
8
providing a right to the appointment of counsel at state expense for residential
9
tenants in eviction actions, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill provides a right to the appointment of counsel at state expense for residential tenants in eviction actions. To implement that right, the bill creates an Office of Civil Legal Aid and a Civil Legal Aid Board to oversee that office. The Civil Legal Aid Board consists of nine members appointed by the state supreme court for staggered three-year terms. No board member may be, or be employed on the staff of, a judicial officer, district attorney, corporation counsel, or the Office of Civil Legal Aid, and no board member may have an ownership interest in residential property that the member makes available for rent or lease to tenants. Under the bill, the board appoints a director for the Office of Civil Legal Aid and approves the budget for that office. In addition, the board establishes guidelines for evaluating attorney conflicts of interest when the director appoints counsel for tenants in eviction actions.
In addition to accepting requests for and making appointments for counsel, the director of the Office of Civil Legal Aid supervises the operation of the Office of Civil Legal Aid and submits an annual report to the Civil Legal Aid Board. The bill also allows the the director, at the board’s direction, to negotiate contracts with local public defender organizations and right-to-counsel programs for counsel appointments. Under the bill, the board must enter into agreements with the State Bar of Wisconsin, local bar associations, law firms, right-to-counsel programs, and private counsel to encourage legal representation without compensation as a service to the state.
Under the bill, an attorney appointed by the director is paid $100 per hour for time spent on an eviction case. That amount is annually increased by the percentage increase in the consumer price index. The bill also provides travel reimbursement to appointed counsel equal to $50 per hour for travel outside the county where the attorney is located.
Under the bill, the director may appoint counsel only if sufficient funds are available. In addition, the director must prioritize appointing counsel for individuals in the counties in which the most residential evictions occur and to individuals who are disproportionately at risk of eviction.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1165,1
1
Section
1
.
20.640 of the statutes is created to read:
SB1165,2,3
2
20.640
Civil legal aid board.
There is appropriated to the civil legal aid
3
board for the following programs:
SB1165,2,5
4
(1)
Legal assistance.
(a)
General program operations.
A sum sufficient for
5
the operation of the office of civil legal aid.
SB1165,2,8
6
(b)
Program implementation.
A sum sufficient for implementing the right to
7
appointment of counsel under ch. 759, including promoting and advertising the
8
program.
SB1165,2
1
Section
2
.
20.923 (4) (f) 2g. of the statutes is created to read:
SB1165,3,2
2
20.923
(4)
(f) 2g. Civil legal aid board: director of civil legal aid.
SB1165,3
3
Section
3
.
230.08 (2) (qm) of the statutes are created to read:
SB1165,3,4
4
230.08
(2)
(qm) The director of civil legal aid.
SB1165,4
5
Section
4
.
704.145 of the statutes is created to read:
SB1165,3,8
6
704.145
Notices of right to counsel in eviction actions.
(1)
A residential
7
rental agreement shall include the following notice in the agreement or in an
8
addendum to the agreement:
SB1165,3,9
9
NOTICE OF RIGHT TO COUNSEL IN EVICTION ACTIONS
SB1165,3,20
10
As provided under s. 799.425 of the Wisconsin Statutes, in an action against a
11
tenant whose residential tenancy has been terminated for any reason, the tenant
12
shall have a right to counsel at public expense and, once referred to the director of
13
civil legal aid, the director may appoint counsel for the tenant under s. 759.05 of the
14
Wisconsin Statutes, unless the tenant knowingly and voluntarily waives the right
15
to counsel. A tenant who wants counsel appointed in an eviction action must
16
appear on the date specified in the summons or request that counsel be appointed
17
by contacting the clerk of court of the county in which the residential eviction action
18
has been brought on or before the return date specified in the summons. A tenant
19
is advised that this notice is only a summary of the tenant’s rights and the specific
20
language of the statutes governs in all instances.
SB1165,3,22
21
(2)
A landlord providing notice under ss. 704.16, 704.17, and 704.19 shall
22
include in the notice the following information:
SB1165,3,23
23
RIGHT TO COUNSEL IN EVICTION ACTIONS
SB1165,4,11
1
As provided under s. 799.425 of the Wisconsin Statutes, in an action against a
2
tenant whose residential tenancy has been terminated for any reason, the tenant
3
shall have a right to counsel at public expense and, once referred to the director of
4
civil legal aid, the director may appoint counsel for the tenant under s. 759.05 of the
5
Wisconsin Statutes, unless the tenant knowingly and voluntarily waives the right
6
to counsel. A tenant who wants counsel appointed in an eviction action must
7
appear on the date specified in the summons or request that counsel be appointed
8
by contacting the clerk of court of the county in which the residential eviction action
9
has been brought on or before the return date specified in the summons. A tenant
10
is advised that this notice is only a summary of the tenant’s rights and the specific
11
language of the statutes governs in all instances.
SB1165,5
12
Section
5
.
704.17 (4) of the statutes is amended to read:
SB1165,4,16
13
704.17
(4)
Form of notice and manner of giving.
Notice must be in writing
14
and given as specified in s. 704.21. If so given,
and unless ordered otherwise by a
15
court in an eviction action under ch. 799,
the tenant is not entitled to possession or
16
occupancy of the premises after the date of termination specified in the notice.
SB1165,6
17
Section
6
.
758.10 of the statutes is created to read:
SB1165,4,24
18
758.10
Civil legal aid board.
(1)
Selection of members.
There is created
19
a civil legal aid board consisting of 9 members appointed by the supreme court. The
20
members shall be appointed for staggered 3-year terms. No member may be, or be
21
employed on the staff of, a judicial officer, district attorney, corporation counsel, or
22
the office of civil legal aid, and no member may have an ownership interest in
23
residential property that the member makes available for rent or lease to tenants.
24
At least 5 members shall be members of the State Bar of Wisconsin.
SB1165,5,2
1
(2)
Term expiration.
The terms of members expire on May 1. Members shall
2
hold office until their successors have been selected.
SB1165,5,5
3
(3)
Selection of officers.
At its first meeting in each year, the board shall
4
elect a chairperson, vice chairperson, and secretary, each of whom may be reelected
5
for successive terms.
SB1165,5,10
6
(4)
Frequency of meetings.
The board shall meet quarterly and may meet
7
at other times on the call of the chairperson or a majority of its members. In
8
addition, the board shall meet no later than August 31 of each even-numbered year
9
to consider and approve a proposed budget of the office of civil legal aid for the
10
succeeding fiscal biennium.
SB1165,5,14
11
(5)
Quorum.
A majority of the membership of the board constitutes a
12
quorum to do business and, unless a more restrictive provision is adopted by the
13
board, a majority of a quorum may act in any matter within the jurisdiction of the
14
board.
SB1165,5,18
15
(6)
Reimbursement for expenses; compensation.
The members of the
16
board shall be reimbursed from the appropriation under s. 20.640 (1) (a) for their
17
actual and necessary expenses incurred in the performance of their duties. The
18
members shall receive no compensation for their services.
SB1165,7
19
Section
7
.
Chapter 759 of the statutes is created to read:
SB1165,5,21
20
CHAPTER 759
21
OFFICE OF CIVIL LEGAL AID
SB1165,5,22
22
759.01
Definitions.
In this chapter:
SB1165,5,23
23
(1)
“Board” means the civil legal aid board.
SB1165,6,2
1
(2)
“Director” means the director of civil legal aid appointed under s. 759.03
2
(1).
SB1165,6,4
3
759.02
Civil legal aid board.
(1)
Duties.
The board shall do all of the
4
following:
SB1165,6,5
5
(a) Appoint the director and establish the director’s salary under s. 20.923.
SB1165,6,8
6
(b) Evaluate the director’s proposed biennial budget of the office of civil legal
7
aid and, after the budget is approved by the board, submit the budget to the
8
supreme court.
SB1165,6,10
9
(d) Establish guidelines for evaluating attorney conflicts of interest when
10
appointing counsel under s. 759.05 (1).
SB1165,6,13
11
(e) Establish a process for an attorney to appeal the director’s decision
12
regarding bill payments, as provided under s. 759.05 (3). The board may affirm,
13
modify, or reject a decision of the director.
SB1165,6,15
14
(f) Establish a process for an attorney to appeal the director’s decision to
15
exclude the attorney from a list prepared under s. 759.06.
SB1165,6,19
16
(g) Enter into agreements with the State Bar of Wisconsin, local bar
17
associations, law firms, right-to-counsel programs, and private counsel designed to
18
encourage legal representation under this chapter without compensation as a
19
service to the state.
SB1165,6,21
20
(h) Perform all other duties necessary and incidental to the performance of
21
any duty enumerated in this chapter.
SB1165,6,22
22
(2)
Powers.
The board may do any of the following:
SB1165,6,23
23
(a) Remove the director under s. 759.03 (2).
SB1165,7,2
24
(b) Enter into contracts with federal governmental agencies, right-to-counsel
1
programs, and local public defender organizations for the provision of legal services
2
under this chapter.
SB1165,7,4
3
(c) Make recommendations to the supreme court and the legislature regarding
4
the provision of civil legal aid under this chapter.
SB1165,7,7
5
(3)
Restrictions.
The board may not make any decision regarding the
6
handling of any case nor interfere with the director or any member of the director’s
7
staff in carrying out professional duties.
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