By Joe Forward, Legal Writer, State Bar of Wisconsin

Dec. 1, 2010 – Nick Chiarkas doesn’t like to be bullied – not in the New York City projects where he grew up, not as a New York City policeman, not by Wegener’s disease, and certainly not as Wisconsin’s chief state public defender.

For 22 years, Chiarkas worked towards “justice for all” in creating one of the top public defender programs in the country. In January, Chairkas will pass the reins to someone else, retiring as the longest tenured chief in the agency’s 45-year history. But sitting in his cozy office with a hint of jazz music in the background, Chiarkas doesn’t seem quite ready to go.

“I love it here, and I love coming to work every single day,” said Chiarkas, who saw the SPD’s 38 offices grow from 197 full-time attorneys in 1988 to about 317 attorneys now. “This is just a good time to move on to the next chapter.”

As the SPD looks nationwide for Chiarkas’s replacement – with deputy state public defender Kelli Thompson taking his place in the interim – the veteran Chiarkas reflects on a career as champion for the downtrodden and poor. While his many accomplishments and awards serve to highlight those efforts, Chiarkas didn’t need awards to keep it going.

“One thing I have learned is that you can’t be in it for yourself,” Chiarkas said. “This is about the people we represent. There has never come a time in my career where I said ‘I just can’t do this anymore.’”

Humble beginnings

Chiarkas grew up in the housing projects of Manhattan’s lower east side. Unlike many of his childhood friends who ended up in prison or dead, he was able to escape. When he came of age, he searched for a way to give back and picked law enforcement as the tool.

“I wanted to do something that would help me understand my own feelings and how growing up in the projects affected me,” Chiarkas said. “I wanted to do something for poor people. I had a personal stake in it. I thought being a cop would be a good way to give back, and it was.”

But after seven years in law enforcement, and raising two children, Chiarkas wanted to focus more of his time at home. With bachelor’s and master’s degrees in criminal justice, Chiarkas went on to obtain doctorate and master’s degrees in sociology from Columbia University. In 1978, he earned his law degree from Temple University in Philadelphia.

After working as legal counsel for several federal agencies in Washington D.C., Chiarkas saw a newspaper ad for State Public Defender in Wisconsin, his wife’s native state. He jumped on it. Now, 22 years later, Chiarkas doesn’t regret the decision. Neither does his staff.

“Nick has been a real voice for leadership,” said current deputy state public defender Kelli Thompson, who will succeed Chiarkas until his replacement is chosen. “He has taught this agency to work with our justice partners at all times, to find common ground, and to stay active in the community. He has set up a structure for us to stay a step ahead, be more effective, and to never lose sight of the client.”

Fighting for the little guy

Chiarkas’s humble beginnings helped him shape the SPD’s constant voice, speaking on behalf of clients who could not speak for themselves. He explains that defending those accused of crimes can be unpopular at times but notes the Constitution demands a fair trial for everyone.

“When you are asked to step up for the Constitution and represent justice for all, even though it’s an unpopular task, that is one of the most patriotic and courageous things a person can do,” Chiarkas said. “The folks I work with everyday have become my heroes. It was this job that introduced me to the people who are really committed to the poor.”

With large caseloads, low pay, and the stigma associated with public defense, the State Public Defender’s office attracts a rare individual. However, Chiarkas said the SPD’s strong national reputation has helped it assemble a talented pool.

“I would say we are one of the best public defender programs in the world, so the attraction of joining us is greater for that reason,” Chiarkas said. “But most attorneys that come out of law school wanting to be public defenders just want to stand up for the little guy. It’s not so much the motivation to work in criminal law as it is a desire to help poor people.”

According to Chiarkas, that kind of lawyer is the one who takes the time to explain the system, and to ensure the client knows his or her options and what is likely to happen in the end. Meeting this goal takes compassion, empathy, and respect, he says.

“For many of our clients, contact with this office is the first time in their life they have been treated with respect and compassion,” Chiarkas said. “Once they are in the middle of it, it’s like they landed on Mars. It’s very important to us that clients know we are there to help them understand the system so they know what their choices are in the end.”

Setting the table

As head of the SPD, Chiarkas has worked to ensure that public defenders have a seat at the justice table in Wisconsin. When he first started 22 years ago, that wasn’t necessarily the case.

“Back then, we just wanted a seat at the table,” Chiarkas said. “Now, we set many of the tables.”

Working closely with prosecutors, judges, and other members of the legal community, the SPD has pushed its way into the discussion, allowing it to be heard on issues of concern. In creating relationships with governors, legislators, and other big players, Chiarkas has left his mark.

For example, Chiarkas and the SPD initiated the idea for a “veterans court” to serve veterans that found trouble upon returning from service. Now, with veterans courts established in Rock and Eau Claire counties and others to follow, Wisconsin is a leader in veterans advocacy.

“These young men and woman put their lives in danger, and when they come back, they get into trouble largely because of the very things we have asked them to do,” Chiarkas said. “We can’t turn our backs on them. This office invited judges and prosecutors to discuss it.”

Wisconsin’s SPD is also a national leader, in large part because of the partnerships that Chiarkas has helped to build over the years. Unlike some states, friction between public defenders and prosecutors in Wisconsin largely remains in the courtroom.

“We have a good relationship with prosecutors and judges because we respect each others’ work, and we realize that we are parts of one system. If any part isn’t working, it hurts the whole system,” Chiarkas said. “You don’t have that in every state.”

States like Michigan and Missouri are looking to Wisconsin’s system for help. Both states have sought advice from Chiarkas, Thompson and other Wisconsin lawyers and judges. And it isn’t just other states. Under Chiarkas’s leadership, Wisconsin was tapped by the U.S. State Department to help other nations like Japan and Israel establish public defender systems.

Hangin’ up the shoes

While fighting for others, Chiarkas has fought some of his own battles. In the spring of 2009, he was diagnosed with Wegener’s disease, an uncommon disorder that restricts blood flow to the organs. It is treated with chemotherapy. Chiarkas received the treatment and just finished a year in remission, which means he is now free of the disease.

“I am a more interesting person today because of it,” said Chiarkas, who says his health battle was not a factor in his decision to retire.

During treatment, Chiarkas took a leave of absence, but said the organization did not skip a beat while he was gone. He said the SPD remained strong and will continue to remain strong after he leaves his post in January.

“This seems like a good hand-off time,” Chiarkas said. “The new administration will get to know Governor Walker and the new legislature. The timing is right to start a new chapter.”

Chiarkas said the agency will always face challenges, but maintaining the agency’s ascent will be the biggest challenge for the new chief. That requires an even keel.

“Make sure there is nothing in it for you,” Chiarkas would say to his replacement, who will take over a staff around 500 employees representing about 130,000 clients per year. “Make sure that everything you think about is for the people we represent and have folks around you that are willing to call you on it. Be creative, take risks, but always remember the people we represent.”

This year the SPD honored Chiarkas with the Eisenberg award, which recognizes individuals who have worked tirelessly for the poor. Under Chiarkas’s leadership, the SPD won the distinguished Malcolm Baldridge-based Wisconsin Forward Award.

But the greatest reward that Chiarkas ever received, he says, are meeting the men and woman that have worked with him to represent the less fortunate. After his retirement, Chiarkas wants to write fiction and paint. He recently completed his first novel, Weepers, a fiction novel.

But he will be keeping his eye on the progress of the SPD office.

“I will be following their wins and feeling their losses, and applauding them all the way,” Chiarkas said. “I came here a little naïve, and I have learned a lot. They gave me a lot of second chances, watched what I did, and followed me. That was cool of them.”