Wisconsin Public Defense System in ‘Crisis’ due to Delays, Class Action Alleges

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A proposed class action out of Wisconsin federal court alleges that the state, its governor and its public defender routinely fail to provide constitutionally required legal representation to detainees who can’t afford an attorney. The lawsuit additionally claims that Wisconsin’s failure to provide effective, timely legal representation to indigent defendants dually denies them their constitutional right to a speedy trial.

Behind the case are six individuals who say they spent between 21 and 75 days in jail while waiting to be appointed legal counsel within Wisconsin’s public defense system, which the suit describes as having “reached a state of crisis.” According to the complaint, the state’s public defenders have “staggering” caseloads that prevent people from obtaining timely legal representation. The result of the inefficiencies of Wisconsin’s legal system, the complaint alleges, is that indigent defendants unable to post cash bonds are forced to sit in jail for weeks or months before obtaining legal representation. Even when they are appointed a lawyer, further issues tend to arise, the complaint says, ranging from communication to finances to general court experience. From the lawsuit:

“Even when counsel is eventually appointed, indigent defendants have serious difficulty communicating with their attorneys. Limited funding from SPD also restricts the ability of appointed counsel to perform independent investigations, review discovery, seek out expert opinions, and prepare for trial.

Further, while counsel may eventually be appointed by the SPD, the attorneys that are appointed tend to be the least experienced members ofthe bar. Currently, the SPD does not require new attorneys to demonstrate prior courtroom experience or mentorship before being assigned misdemeanor cases. This lack of additional training by SPD prejudices the Plaintiffs' ability to adequately prepare a defense.”

The case asserts that in order to comply with federal and state law, the defendants are obligated to hire private attorneys when public defenders are unavailable to indigent defendants. At $40 an hour, the suit explains, the state offers the lowest rate in the country to private lawyers, making it difficult to find local attorneys willing to take these cases, particularly in rural counties. Consequently, the complaint charges, indigent defendants are often forced to appear at hearings pro se, “leading to lengthy and unnecessary stays in jail.” Moreover, the lawsuit argues that because so many defendants are without legal counsel, many cases must be repeatedly adjourned, which sparks a cycle the plaintiffs argue is “wasting already-sparse judicial resources.”