% >> WISCONSIN IS FACING A
% SHORTAGE IN THE COURTROOM AS
% STATE OFFICES ARE HAVING A
% DIFFICULT TIME RECRUITING
% LAWYERS FOR BOTH THE PROSECUTION
% AND DEFENSE.
% "HERE AND NOW" REPORTER NATHAN
% DENZIN HAS THE STORY.
% >> CASH BAIL IN THE AMOUNT OF
% $2,000.%>> IT'S REALLY A PRO
BLEM THAT
% HAS REACHED A CONSTITUTIONAL
% CRISIS FROM BOTH PERSPECTIVES.
% >> STATE OFFICIALS ARE WARNING
% OF POTENTIAL MISCARRIAGES OF
% JUSTICE AS WISCONSIN FACES A
% SHORTAGE OF BOTH PUBLIC
% DEFENDERS AND PROSECUTORS.
% >> IF YOU GO TO SOME OF THESE
% COUNTIES LIKE WAUSHARA COUNTY OR
% SHAWANO, IT'S ANYWHERE FROM 50%
% OF THEIR PROSECUTION STAFF THAT
% ARE VACANT, IN ONE COUNTY RIGHT
% NOW, IT'S 100% PROSECUTION STAFF
% VACANCY.
% >> KURT KLOMBERG IS THE DISTRICT
% ATTORNEY FOR DODGE COUNTY, WHERE
% HE SAYS STAFF SHORTAGES HAVEúBEF
% QUALITY CANDIDATES.
% >> WE'RE GETTING VERY MINIMAL
% NUMBERS OF APPLICANTS.
% >> ON THE OTHER SIDE OF THE
% COURTROOM, STATE PUBLIC DEFENDER
% KELLI THOMPSON SAYS HER OFFICE
% ALSO HAS STAFFING ISSUES.
% >> THE SIMPLE ANSWER IS WE NEED
% MORE ATTORNEYS.
% WE NEED MORE ATTORNEYS ON STAFF
% AND WE NEED MORE ATTORNEYS IN
% THE PRIVATE BAR FOR THOSE
% CONFLICT AND OVERFLOW CASES.
% SO RIGHT NOW WE HAVE A SHORTAGE
% JUST IN RECRUITMENT.
% >> BOTH PROSECUTORS AND
% DEFENDERS SAY THE LARGEEST GAP
% FALLS IN RURAL COUNTIES WHERE
% OPEN POSITIONS ARE NOT
% ATTRACTING ATTORNEYS.
% >> WE CURRENTLY ARE A COUNTY
% THAT HAS TWO COURTS, TWO JUDGES.
% WE HAVE A SINGLE PROSECUTOR, THE
% ELECTED DISTRICT ATTORNEY, AND
% TWO VACANT FULL TIME PROSECUTORS
% POSITIONS.%>> JUDGE DUTCHER P
RESIDES OVER A
% COURTROOM IN RURAL WAUSHARA
% COUNTY THAT HAS SEEN ATTORNEY
% SHORTAGES INCREASE STEADILY FOR
% ABOUT 10 YEARS.
% >> WE'RE SMALLER COUNTY, WE'RE
% HAVING DIFFICULTY FINDING
% ATTORNEYS TO TAKE CASES, AT
% TIMES HAVING TO GO THREE OR FOUR
% COUNTIES REMOVED TO FIND PUBLIC
% DEFENDER APPOINTMENTS OR PUBLIC
% DEFENDER AVAILABILITY FOR PEOPLE
% WHO HAVE A CONSTITUTIONAL RIGHT
% TO REPRESENTATION.
% >> STATE-WIDE, A MURDER CASE
% TOOK ABOUT 15 MONTHS TO BE
% RESOLVED IN 2021.
% IN RURAL DODGE COUNTY, IT TOOK
% ABOUT TWO YEARS.
% >> NOW WE'RE HAVING THESE DELAYS
% THAT GO ON LONGER.
% AND THAT REALLY HURTS VICTIMS.
% IT ALSO HURTS DEFENDANTS.
% >> SINCE 2003, OVERALL WAIT
% TIMES BEFORE A DECISION IS
% REACHED IN FELONY CASES HAS
% INCREASED BY 85%.
% AND WAIT TIMES FOR MISDEMEANOR
% CASES HAVE INCREASED BY 110%.
% >> THE STRAIN IS SIGNIFICANT.
% THE HUMAN IMPACT, THE EMOTIONAL,
% THE MENTAL HEALTH PART OF THIS
% IS SIGNIFICANT.
% I MEAN, TO GET THOSE CALLS FROM
% YOUR CLIENT TO GO SEE YOUR
% CLIENT AND TO KNOW THAT THEY'RE
% STRUGGLING BECAUSE THEY DON'T
% HAVE INFORMATION OR THEIR CASE
% ISN'T MOVING FORWARD OR THEY
% DON'T KNOW WHAT'S GOING ON.
% >> THE MAIN CAUSE OF THE
% SHORTAGE?
% A SALARY THAT STARTS LOW AND
% DOESN'T INCREASE VERY FAST.
% MOST QUALIFIED ATTORNEYS DON'T
% WANT STATE DEFENDER OR
% PROSECUTOR JOBS BECAUSE THEY CAN
% EARN MORE AT PRIVATE FIRMS.
% >> PUBLIC DEFENDERS' PAY IS TOO
% LOW, AND SO WE NEED TO BOOST
% THAT UP BECAUSE QUITE FRANKLY,
% IT'S HARD TO KEEP THEM WHEN WE
% CAN'T PAY THEM ENOUGH TO, YOU
% KNOW, BUY A HOME, RAISE THEIR
% FAMILY, PAY THEIR STUDENT LOANS.
% >> STATE ATTORNEY JOBS START AT
% ABOUT $55,000 PER YEAR, WHILE
% PRIVATE SECTOR JOBS TYPICALLY
% START NEAR $80,000 PER YEAR.
% >> WHEN YOU'RE LOOKING AT SIMPLY
% SAYING, I CAN MAKE $25,000 MORE
% PER YEAR AS A STARTING SALARY TO
% SIMPLY GO AND DO THAT AS OPPOSED
% TO BECOMING A STATE PROSECUTOR,
% THERE'S A BUSINESS DECISION
% THERE.%>> ON TOP OF LOWER PAY
,
% PROSECUTORS AND PUBLIC DEFENDERS
% OFTEN HAVE MASSIVE CASELOADS.
% KLOMBERG SAYS IT ISN'T UNUSUAL
% FOR A PROSECUTOR TO JUGGLE 200
% TO 300 CASES AT A TIME.
% >> YOU'RE ALWAYS TRYING TO CATCH
% UP.
% AND SO THAT ALSO MAKES THE JOB
% LESS ATTRACTIVE.
% >> WHILE HIRING HAS BEEN A
% PROBLEM FOR BOTH OFFICES,
% RETENTION HAS ALSO BECOME AN
% ISSUE.
% THIS CHART SHOWS THE NUMBER OF
% YEARS PROSECUTORS HAVE SPENT
% ACTUALLY PROSECUTING CASES.
% MOST FALL BETWEEN 1 AND 8 YEARS
% OF EXPERIENCE, WHILE A FAR
% SMALLER NUMBER HAVE MORE THAN 10
% YEARS EXPERIENCE.
% >> WHEN I CAME THROUGH THE RANKS
% AS A YOUNG PROSECUTOR, THERE
% WERE LITERALLY DOZENS OF VERY
% SEASONED, EXPERIENCED CAREER
% PROSECUTORS.
% I THINK YOU SEE LESS AND LESS
% PEOPLE CHOOSING PROSECUTION AS A
% CAREER.
% >> A LACK OF EXPERIENCE CAN
% CAUSE MISTAKES IN THE COURTROOM
% THAT CAN'T BE FIXED.
% >> THIS IS ALSO A JOB WHERE WE
% REALLY DON'T GET A LOT OF SECOND
% CHANCES.%IF YOU MAKE A MISTAK
E, IT'S
% PRETTY MUCH FINAL.
% >> IN ORDER TO MAKE STATE
% ATTORNEY POSITIONS MORE
% ATTRACTIVE TO POTENTIAL
% CANDIDATES, BOTH THE STATE
% PUBLIC DEFENDER'S OFFICE AND
% MANY DISTRICT ATTORNEY'S ARE
% PETITIONING THE STATE GOVERNMENT
% FOR A HIGHER STARTING SALARY.
% >> THE STATE PROSECUTOR'S OFFICE
% DID A STUDY RECENTLY, AND THE
% WISCONSIN DA'S ASSOCIATION,
% WHICH I'M THE PAST PRESIDENT OF,
% IS PROMOTING A SALARY POINT IN
% THE MID 70s.
% >> KLOMBERG SAYS A $70,000
% STARTING SALARY WOULD LIKELY
% BOOST THE NUMBER OF PROSECUTORS
% TO ACCEPTABLE LEVELS.
% ON THE DEFENDER'S SIDE, THE
% STATE LEGISLATURE HAS BEEN ASKED
% TO INCREASE PAY FOR PRIVATE BAR
% ATTORNEYS FROM $70 PER HOUR TO
% $125 PER HOUR FOR IN-COURT WORK
% AND $100 PER HOUR FOR OUT OF
% COURT WORK.
% >> WE NEED TO EITHER BE AT THAT
% OR ABOVE THAT SO THAT WE CAN
% CONTINUE TO TAKE THAT BURDEN OFF
% OF THE COUNTY.
% >> WHILE INCREASED STARTING
% SALARIES WOULD HAVE AN IMPACT IN
% THE LONG TERM, KLOMBERG AND
% THOMPSON SAY FEDERAL FUNDS
% SHOULD BE USED TO TEMPORARILY
% RAISE SALARIES.
% >> THERE IS A LIMITED AMOUNT OF
% FUNDS THAT ARE AVAILABLE RIGHT
% NOW BECAUSE OF THE ARPA MONEY
% THAT HAS BEEN MADE AVAILABLE,
% BUT FOR THE MOST PART, IT HAS TO
% BE ONLY IN EXTREME SITUATIONS.
% >> AS THE STATE LEGISLATURE IS
% SET TO MEET AND DECIDE
% WISCONSIN'S NEXT BUDGET, FUNDING
% FOR THE JUSTICE SYSTEM WILL BE
% AT THE TOP OF ATTORNEYS' MINDS.
% >> THERE'S AN EXPRESSION THAT
% OFTEN GETS USED THAT JUST
% DISDELAYED IS JUSTICE DENIED,
% AND THAT APPLIES FRANKLY TO
% EVERYONE WHO'S INVOLVED WITH
% THIS TYPE OF CIRCUMSTANCE.