Editorial distributed by the State Bar of Wisconsin
By Margaret Wrenn Hickey & Larry J. Martin
The criminal justice system is at a breaking point. One of the root causes is a lack of adequate state funding to attract and retain lawyers to work in critical public safety positions, such as prosecutors and public defenders. As a citizen of Wisconsin, you should be deeply troubled by this. Your elected leaders need to know that criminal justice funding is a top priority.
All Wisconsin residents are touched by the criminal justice system in some way, perhaps because they are or know crime victims or defendants. It is in society’s interest to properly and fairly address all criminal matters.
Prosecutors are essential to a criminal justice system that is designed for the public’s safety. Prosecutors hold individuals and entities accountable and take bad actors off the streets.
Public defenders protect an individual’s constitutional right to a fair and speedy trial, and provide a safeguard against wrongful convictions. Working together, the criminal justice system is an embodiment of the careful balance between constitutional protection and public safety.
But persistent and inadequate funding has compromised this balance over many years, and now we are at a breaking point. Currently, about 12% of statewide prosecutor positions remain vacant. Similarly, many counties are short of public defenders. What is the reason?
One major reason is that Wisconsin prosecutors and public defenders are inadequately compensated. The starting pay for prosecutors and public defenders is $27 per hour.
The reality is the job market has changed in the last year. It is becoming harder and harder to fill these important positions and when you add in the cost and likely high debt from attending law school, it’s easy to understand why these positions are going unfilled.
It is not realistic to expect lawyers with high amounts of law school debt to take these positions, and it is dangerous to have a criminal justice system in which prosecutors and public defenders have caseloads they cannot realistically handle. Under those circumstances, bad results can happen, the most tragic being that criminals go free or the wrong people are convicted.
It also takes a toll on the very people we entrust with public safety. In a recent State Bar of Wisconsin survey conducted in four counties and including 109 prosecutors, 77% reported emotional exhaustion, 70% reported restlessness and worry, 65% reported work stress had affected their personal lives, and 58% had financial worries.
While the survey results are preliminary and only represent four counties, none of these statistics are surprising. Without a solution, many of these prosecutors will simply leave.
With the state being in a healthy fiscal position, there is ample opportunity to address this problem. The consequences for the justice system of taking no action are too great to ignore.
All we are asking for is a fair investment for those public servants fighting for the public’s safety and a court system that works and is fair for all.
It is time for Wisconsin’s elected state leaders to come together and fix this funding emergency without delay. Tell your elected leader to make an investment in our criminal justice system.
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Margaret Wrenn Hickey is the president of the State Bar of Wisconsin. Larry J. Martin is executive director. The State Bar of Wisconsin is a mandatory professional association, created by the Wisconsin Supreme Court, for all attorneys who hold a Wisconsin law license. With more than 25,000 members, the State Bar aids the courts in improving the administration of justice, provides continuing legal education and other services for its members, supports the education of law students, and educates the public about the legal system. The State Bar of Wisconsin also provides public services, including attorney referrals, public education and reduced-fee legal assistance for low-income state residents.
