>> 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 PROBLEM 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 HAVE�BEF
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 PRESIDES 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 MISTAKE, 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.