Wisconsin
Lawyer
Vol. 81, No. 11, November
2008
Letters
Letters to the
editor: The Wisconsin Lawyer publishes as many letters in each
issue as space permits. Please limit letters to 500 words; letters may
be edited for length and clarity. Letters should address the issues, and
not be a personal attack on others. Letters endorsing political
candidates cannot be accepted. Please mail letters to " Letters to the
Editor," Wisconsin Lawyer, P.O. Box 7158, Madison, WI 53707-7158, fax
them to (608) 257-4343, or
email them
.
Truth-in-Sentencing’s Effect on Prison, Probation, and Parole
Populations
In the September 2008 Wisconsin Lawyer cover story, State
Public Defender Nicholas Chiarkas is quoted as saying: “It’s
time to reevaluate truth-in-sentencing. Since truth-in-sentencing was
enacted, prison, probation, and parole populations have almost doubled,
and they are growing exponentially. It’s time to stop it, fix it,
and get it right.”
When truth-in-sentencing (TIS) I went into effect on Dec. 31,
1999, Wisconsin’s prison population was 20,177, the probation
population was 54,951, and the parole population was 8,903. When TIS II
went into effect on Feb. 1, 2003, Wisconsin’s prison population
was 21,554, the probation population was 56,599, and the parole
population was 10,605. In the most recent data available,
Wisconsin’s prison population was 22,421, the probation population
was 53,139, and the parole population was 17,659. These figures are
found at www.wi-doc.com/index_adult.htm.
So since TIS went into effect, the parole population has almost
doubled, but the prison population has actually increased by 11.1
percent, and the probation population has actually decreased by 3.3
percent. Rather than exponential growth, the average annual percentage
increase in Wisconsin is 1.8 percent for the prison population, 2.6
percent for the probation population, and 1.9 percent for the parole
population. These figures are found at
http://www.ojp.usdoj.gov/bjs/.
Mr. Chiarkas was a member of the Criminal Penalties Study
Committee, which recommended the legislation to implement TIS in
Wisconsin, and he voted for the committee’s report. I served as
staff counsel to the committee.
Judge Michael B. Brennan, Branch 15,
Milwaukee County Circuit Court
Reasons Why Battered Women “Choose” Pro Se
Representation
In her September 2008 column, State Bar President Diane Diel has
reversed reality when she says that, “It is clear that the growth
in the number of pro se litigants is partly attributable to the many
accommodations made by the court for them.” Pro se litigants have
grown due to the lack of access to attorneys, not to the abundance of
do-it-yourself forms. I have worked with battered women and abused
children for 28 years now, and the problem is 1) Poor and battered women
cannot afford the expense of attorneys; 2) attorneys refuse to take
these difficult, messy, and traumatic cases; and 3) many of the
attorneys who do take them offer very poor representation because they
do not listen to the victim, understand the dynamics, or realize what is
in the best interest of the client. Often the women are better off
without lawyers who, through ignorance, bias, or spite, represent them
inappropriately. So don’t look out there; look inside.
Dianne Post
Phoenix, Arizona
Response: There is no question that battered women and abused
children are an especially underserved community for civil legal
services. I agree with the writer on the need for knowledgeable, skilled
representation for these victims. The point is, the trend to represent
oneself pro se is driven by many factors, including the lack of lawyers,
the fractiousness or other nonconstructive representation by lawyers,
and the Web 2.0 world that functions without lawyers. To be valued,
lawyers need to be valuable and available.
Diane S. Diel, President
State Bar of Wisconsin
Wisconsin Lawyer
