Polk County v. State Public Defender

Polk County appeals a trial court order appointing defense experts at county expense in the trial of Bruce Brenizer. The county argues that sec. 977.05, Stats., requires experts be paid by the state public defender (SPD), and that the trial court erred as a matter of law by ordering it to pay for Brenizer's experts. Because we agree with the county, we reverse and remand for entry of an order directing payment through the office of the SPD.

While preparing for Bruce Brenizer's trial for first-degree intentional homicide, his state public defender, John Kucinski, filed motions for Ake experts.…