Writer: Holly Puza
Editor: Sophie Boes
March 26th, 2023
The right to a fair trial is a pillar of the American justice system. Federal and State constitutions across the United States recognize and guarantee the accused the right to legal representation. In addition, the Constitution offers those who cannot afford private representation public defense. In Wisconsin, public defenders represent individuals facing criminal charges, juvenile delinquency proceedings, involuntary commitment, and post-conviction proceedings (Wis. § 977.05(4)). District attorneys represent another necessary component in our state criminal prosecutions: the government; they are responsible for ensuring that the accused receives a fair trial and that the Court serves them justice.
Public defenders and district attorneys are critical components of the American justice system. Federal constitutional amendments guide their work, including the Sixth Amendment guaranteeing the right to counsel and speedy trial, and the Fourteenth Amendment of equal protection under the law.
Considering the jeopardy of our state and federal rights, the Wisconsin district attorney and public defender shortages are significant concerns that constituents should be aware of. The prosecutor and public defender shortages are becoming so severe they are, according to WisPolitics, nearing a constitutional crisis.
As of February 2023, 13 percent of 350 attorney positions in the State Public Defender's office were vacant. Wisconsin State Public Defender Kelli Thompson described her agency as 20 percent short of being fully staffed.
A lack of accessible public representation has immediate—and detrimental—impacts on Wisconsin households and individuals. Nearly four out of five criminal defendants rely on our state and federal constitutions for representation because they lack the financial resources to hire a private attorney. Last year, the Wisconsin State Public Defender Office referred nearly 40 percent of its caseload to the private sector due to staffing shortages or unavailability of defense attorneys, subjecting low-income and historically marginalized communities to unsustainable financial burdens and low-quality representation. Not to mention, staffing shortages will continue to aggravate the 35,000-case backlog in the State Public Defender Office.
Wisconsin state prosecutors are also experiencing severe staffing shortages arising from a need for more quality candidates. Nearly 12 percent of Wisconsin assistant district attorney positions are vacant, and employee turnover is high. Problems become exacerbated in rural areas—for example, Waushara and Dodge County, where anywhere to 50% of prosecution staff are vacant.
The district attorney shortages implicate lengthy waiting times for Wisconsinites and the risk of committing malpractice in carrying out state laws. For example, wait times for concluding felony cases have risen from 130 days in 2003 to 241 days in 2021. Similarly, it took over six months for felonies and misdemeanors to resolve in 2021.
A systemic lack of salary incentives for attorneys and staff makes it difficult for our state legal professionals to provide their essential services. For example, starting pay for Wisconsin assistant district attorneys is around $57,000 less per year compared to private practice attorneys; the budget salaries for our state public defenders are similarly dismal.
Public defenders and district attorneys often have high caseloads, too, making it challenging for them to provide the necessary time and effort in their level of representation for a fair trial. For example, former Dodge County DA Kurt Klomberg describes, "It isn't unusual for a prosecutor to juggle 200-300 cases at a time." As an assistant public defender, Guy Cardamone indicated a similar sentiment of state defense attorneys handling 200+ cases simultaneously. The bottom line is that high caseloads for State defending and prosecuting attorneys lead to staff burnout and turnover, exacerbating the ongoing shortages.
The shortage of public defenders and district attorneys is a primary concern in the upcoming state budget. The Wisconsin District Attorneys Association is urging state lawmakers to raise starting pay for assistant prosecutors and defenders to more than $72,000 a year.
In any case, without adequate funding for our attorneys, it is clear it will be challenging to attract and retain professionals to provide essential legal services. Without support staff funding, it will also be increasingly difficult to reduce caseloads and ensure that defendants receive the level of and prompt representation they—and, in enforcing laws, the State—need.
I urge Wisconsin constituents to continue making their voices heard and vote for policies and representatives prioritizing funding for state legal professionals. Doing so is essential to upholding constitutional rights and ensuring fair and just legal representation for all.
References
Andersson, E. (2022, February 8). If you care about freedom, you should be asking why we
don't fund our public defender systems: ACLU. Retrieved from https://www.aclu.org/news/criminal-law-reform/if-you-care-about-freedom-you-should-be-asking-why-we-dont-fund-our-public-defender-systems
Denzin, N. (2023, January 12). Why Wisconsin Courts need more prosecutors, public
defenders. Retrieved from https://pbswisconsin.org/news-item/why-wisconsin-courts-need-more-prosecutors-public-defenders/
Hatfield, C. (2022, May 4). Wisconsin Public Defenders Stress Need for solutions to agency
staffing shortage, case backlog. Wisconsin Public Radio. Retrieved from https://www.wpr.org/wisconsin-public-defenders-stress-need-solutions-agency-staffing-shortage-case-backlog
Hickey, M. W., Dietrich, D. R., & Daniels, C. F. (2023, January 23). State Bar of Wisconsin:
Statement on prosecutor and public defender shortage. WisPolitics. Retrieved from https://www.wispolitics.com/2023/state-bar-of-wisconsin-statement-on-prosecutor-and-public-defender-shortage
Lehr, S. (2023, February 4). As Wisconsin struggles to hire prosecutors, one da resigned
because of the workload. Wisconsin Public Radio. Retrieved from https://www.npr.org/2023/02/04/1154473978/the-lack-of-prosecutors-in-one-wisconsin-county-has-delayed-trials-amid-a-countr
Lehr, S. (2023, February 8). From 'serious' to 'dire:' DAs offices across Wisconsin and the
country are struggling to hire prosecutors. Wisconsin Public Radio. Retrieved from https://www.wpr.org/district-attorneys-prosecutors-das-offices-wisconsin-struggling
Verhuizen, H. (2023, March 8). Evers insists on raises for corrections officers, prosecutors,
defenders in 2023 budget. Retrieved from https://pbswisconsin.org/news-item/evers-insists-on-raises-for-corrections-officers-prosecutors-defenders-in-2023-budget/
Comments