Vol. 75, No. 2, February
2002
A Call for Service
Temporary measures can help the State Public Defender during the
state's budget crisis.
by Gerry Mowris
WISCONSIN HAS A LONG TRADITION OF ENSURING JUSTICE for all. Wisconsin
attorneys have a long tradition of serving the public. I am asking you
to help with the crisis facing the State Public Defender (SPD) as it
responds to severe budget cuts. The SPD took a 5 percent cut in the last
budget. With the state's more than $1 billion budget deficit, some have
proposed another 10 percent cut to the agency. Others have proposed
increasing staff in the SPD office and eliminating private bar referrals
for the SPD office altogether. Either scenario would result in a
substantial problem for the justice system. SPD employees' caseloads
would be dramatically increased, matters would be significantly
backlogged, and private bar attorneys may have to wait more than a year
to receive payment for SPD cases, if they are paid at all.
The state has the constitutional obligation to provide criminal
defense to the indigent. We will continue to lobby to ensure adequate
and timely funding for the SPD budget and continue our efforts to
increase the hourly rate paid to the lawyers who already perform this
valuable service. However, in the spirit of public service that has
always marked the State Bar, we can step forward.
I ask you to help by accepting a case (or cases) on a pro bono basis,
volunteer to provide pro bono representation at bail hearings, or
conduct research. The opportunity exists for any assistance to the
SPD.
To law firms, I ask you to consider giving your young lawyers a break
from the "billable hour." Send them to the courthouse to gain valuable
trial experience while assisting indigent clients. To senior lawyers
looking to give back to the profession, take this as your
opportunity.
Your help alone is not the solution to the chronic problem of
underfunding criminal defense services for the indigent. However, it can
be an important temporary contribution. This is an opportunity for you
to fulfill the pro bono obligation you swore to fulfill when you became
a Wisconsin lawyer.
In addition to seeking pro bono volunteers, I am urging the State Bar
to propose legislation that will enable law firms to "loan" new lawyers
to the SPD for training and trial experience, much as the current law
allows "loaning" lawyers to district attorneys' offices.
I emphasize that I am not asking for this effort to become a
permanent solution to the state's budget problems. The State Public
Defender has assured me that our volunteer efforts will not be taken
from the cases currently directed to private bar attorneys. Our efforts
will bolster the works of the private bar and the SPD staff, not replace
them. The state has an obligation to provide and pay for counsel for the
indigent accused.
Hundreds of you responded to the opportunity to help military
personnel and their families through our Military Assistance Program
during a time of national crisis. We now have another opportunity where
your help is needed.
To get involved, please fill out and submit the SPD volunteer form.
Or call Ellen Berz in the SPD Office at (608) 266-5480 or email Berz at
berze@mail.opd.state.wi.us.
Wisconsin
Lawyer