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    Wisconsin Lawyer
    February 01, 2002

    President's Message

    Temporary measures can help the State Public Defender during the state's budget crisis.

    Gerry Mowris

    Wisconsin Lawyer
    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

    Gerald 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.


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