Audit shows state is short 117 prosecutors

Listen to this article

Caseloads are up and the number of state prosecutors is down, according to a recently concluded audit by the Legislative Audit Bureau (LAB).

After the numbers were crunched, Wisconsin was found to be approximately 117 assistant district attorneys short as criminal prosecutions had risen more than 11 percent from 2001 to 2005.

“We have a good system in place to determine where prosecutors are needed, and we should use the caseload formula when determining the allocation of Wisconsin’s limited resources,” said Sen. Jim Sullivan, D-Wauwatosa. “Unfortunately, a system where there are a decreasing number of prosecutors and an increasing number of criminal cases is unsustainable for our communities.”

But while the LAB included several recommendations, including short-term improvements to the weighted caseload formula and the possibility of a “floating” district attorney among understaffed counties, some believe the immediate focus should be on keeping the current staffing levels intact before seeking additional positions.

Catharine White, president of the Association of State Prosecutors (ASP), said that in addition to the state’s slashing of prosecutors by more than four percent from July 2002 to July 2006, others have left their positions somewhat voluntarily.

“Funding issues are a problem, but the lack of pay progression in the field is a contributing factor,” said White, who noted that the state has been without a stable pay progression plan since 2001.

Under the previous system, incoming assistant district attorneys could count on a minimum annual pay raise maxing out after 17 years.

White has been a state prosecutor for 18 years and said she is nowhere near the top of the pay scale.

“You look at the top of the pay range and it’s significantly high, but there is no way to get there without pay progression,” said White. “You can make $110,000 a year, but how do we get there? It’s a false promise.”

She said re-instating the progressive pay scale is a top priority and she is hopeful the problem will be addressed in the state budget.

Neither the Assembly nor the Senate’s versions of the budget include significant additions to state prosecution. The Assembly version calls for a conversion of the elected district attorney in Vernon County to full-time status and allots $130,600 in funding for additional assistant district attorneys in Chippewa County (0.25) and St. Croix County (1.0).

The Senate version called for an additional $99,100 during the biennium to convert the elected district attorney in Trempealeau County and $129,600 for additional assistant district attorney positions in Polk County (1.0), Rock County (0.5) and St. Croix County (0.5).

Rep. Suzanne Jeskewitz, R-Meno-monee Falls, is co-chairman of the Joint Legislative Audit Committee and said salary discussions regarding district attorneys has been ongoing.

“District attorneys are never paid as well as in the private sector and they never get paid quite market price,” said Jeskewitz. “It is something we need to stay on top of, but everyone knows how tight our budget is.”

Based on numbers alone, Dane County was designated the most understaffed county in the state with a need for more than 8 additional attorneys. Dane County District Attorney Brian Blanchard said the number is likely closer to 10 now.

“I don’t have a quibble with the methodology as of fall of 2006, but some grants have lapsed since then,” said Blanchard.

Already operating at a deficit, Blanch-ard said two prosecutors left Dane County for a court commissioner position and for private practice, likely for financial reasons.

The ASP reported that, during the last six years, in excess of 180 district attorneys quit their jobs, nearly half of the state’s total of 424. The result has been an influx of potentially qualified, but inexperienced prosecutors which do not often clear cases as quickly.

“If we can’t keep the experienced people, having more inexperience doesn’t solve the problem,” said White. “You take the time to train people who are leaving in two to four years, just when they are becoming most valuable.”

Younger attorneys are essentially getting a crash course in courtroom experience, then moving on to greener pastures, something which White said was “not a very efficient use of the state’s resources, but great experience for the attorney.”

“Most of them say, ‘I love this job and want to stay in spite of the massive caseloads and understaffing,’” said White. “There are a number of assistant district attorneys working second jobs because the student loan burden is incredible.”

Ultimately, the citizen loses out, according to Blanchard, who pointed to the complexity of crimes as a reason why cases take longer to prosecute today and without a savvy prosecutor on the case, something may get missed.

“More sophisticated crimes like stalking and child porn almost always involve computers now and we do a good job with that, but that produces more complex cases; in order to be fair, it does produce additional work,” said Blanchard.

Blanchard said Dane County is operating with the same number of positions it had in 1987, with similarly dated resources. If the problem is not addressed, Blanchard noted that the consequences could be severe.