State Bar supports proposed legislation to increase indigent
representation
June 16, 2003
The State Bar of Wisconsin weighed in on proposed legislation today
that would increase income limits for criminal defendants to qualify for
representation by a public defender. Gerry Mowris, State Bar
past-president, joined the author of the bill -- Rep. Terri McCormick,
R-Appleton -- in support of raising the eligibility standards.
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Gerry Mowris, State Bar past-president and Rep. Terri McCormick,
R-Appleton.
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"The State Bar of Wisconsin supports using federal poverty guidelines
as minimum financial criteria for determining eligibility for
representation by the State Public Defender's Office," Mowris said.
"Updating the 1987 standards will improve the administration of justice
and fulfill the state's constitutional obligation to provide counsel to
indigent defendants."
Resulting in a change for the first time in 17 years, the legislation
calls for an individual earning up to 115% of the poverty level to
qualify for a public defender, the same standard used to determine
eligibility for Wisconsin Works (W-2). The current standard falls nearly
$500 per month below the federal poverty line meaning that an individual
earning as little as $248 per month doesn't qualify for state-funded
assistance.
"Individuals denied the most basic of W-2 standards find themselves
scrambling for counsel," said McCormick, the vice-chair of the Assembly
Judiciary Committee. "This is simply an unconstitutional way to
administer justice."
McCormick's plan saves money and allows nearly 11,000 more people to
qualify for a public defender. The current system has Wisconsin counties
paying an average of $69 per hour to private lawyers while McCormick's
proposal would cut that cost in half by transferring cases to the Public
Defender's Office, resulting in a substantial savings to taxpayers. If
passed, the legislation could start as early as next year and be fully
implemented by 2006.
For more information contact: Deb Sybell - dsybell@wisbar.org
