Give and Take

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Playing off the start of the World Series, Wisconsin Director of State Courts A. John Voelker said the adopted version of the state budget was far from a homerun for court related operations, but that the system was still in scoring position.

“Even though we didn’t hit it out of the park, there are some singles and doubles,” said Voelker.

While a proposed $19 million in additional court support payments was excluded from the final 1,600-page budget passed by both houses on Oct. 23, initiatives such as state aid for legal services for the indigent, enhanced court interpreter reimbursement and creation of two new court branches were included.

The conference committee collaborated on operating budgets of $88.79 million in 2007-08 and $89.09 million in 2008-09 for the circuit courts. Full-time employees will remain at 511 during the next two years.

Costly Cut

The biggest loss for the courts was the exclusion of approximately $19 million in additional state support for court service payments.

The proposed funding had been included in versions approved by Gov. Jim Doyle, the Joint Finance Committee and the state Senate, but was removed in the State Assembly’s budget in June.

According to Voelker, the added aid was doomed when the Legislature determined that the proposed revenue source — an increase in real estate transfer fees — was not a viable option.

“The governor had initially tied it to real estate transfer fees, but that didn’t appear to be politically salable,” said Voelker. “Once that was determined, I think we knew it had a slim chance of staying in.”

Milwaukee County was to have received about $2 million in added support from that $19 million. County Executive Scott Walker had included that state funding in his 2008 proposed budget.

“It’s very frustrating that they opposed this part of the budget that would have gotten more state funding and especially in Milwaukee,” said District 1 Chief Judge Kitty K. Brennan. (For more on the Milwaukee courts budget, see related article next page.)

Increased Access

The budget does include $1 million for legal services for the poor. Voelker said establishing that funding was an important step for the state.

The Assembly eliminated that money, but the conference committee restored it. Those funds will support grants distributed by the Wisconsin Trust Account Foundation (WisTAF), according to Rep. Sheryl K. Albers.

“WisTAF generates about $2.2 million for legal services and this additional million will come in the second year of the budget,” said Albers.

Thomas R. Cannon, Executive Director of Legal Aid Society in Mil-waukee praised the Legislature for its adoption of the measure and hoped Milwaukee would be in line for “about a third” of the funds.

But Albers said determining where and how much money will be allotted to organizations around the state could prove problematic.

“Who gets the grants will be a big question once the applications start coming in,” said Albers. “There are going to be a lot of hands reaching for the state pockets and it may be difficult to justify where the greatest needs are.”

More immediate access to justice will come in the form of increased court interpreter reimbursement for circuit courts with an additional $233,500 in 2007-08 and $298,000 in 2008-09. A breakdown of funds includes a combined $125,000 for the projected increase of interpreters under current law and more than $400,000 to reimburse counties for interpreters in all cases, regardless of indigence.

A state statute will also be revised to require that a court, in all criminal and civil proceedings, provide an interpreter for persons with limited English proficiency, regardless of indigence.

New Judges

The new budget creates two new circuit court branches in Juneau and Kenosha counties, though only one will have immediate fiscal implications.

Juneau County will receive an additional circuit court judge and court reporter for 2008-09 at a cost of $232,200. An election will be held in spring 2008 for the term commencing on Aug. 1 and an additional $34,400 will be supplied under the Supreme Court to support supplies, services and computer costs associated with the new branch.

The same will be true for Kenosha County, which will hold an election in spring 2009.

Because the term would not begin until after the end of the 2008-09 fiscal year, costs associated with the positions would not arise until the 2009-11 biennium.

While both counties passed resolutions in support of an additional branch, only Juneau was included in a pair of legislative bills (SB 199 and AB 393) seeking seven additional judgeships in the state.

Albers did not condemn the need for an additional branch in Kenosha, but questioned the rationale in approving the county ahead of others, which were deemed more in need by a recent judicial needs study.

She noted that the judgeship bills passed through the respective executive committees on Oct. 23 and could be headed to the Joint Finance Committee.

A version of the judgeship bill needs to be signed by Gov. Doyle by Nov. 15, Voelker said, or 2008 elections would not be able to be held for the new branches in Barron, Chippewa, Dodge, Green, Monroe and St. Croix Counties.

The elimination of Juneau from the bill will shave about $250,000 of the $1.6 million price tag, and passage of the state budget bodes well for the legislation, though Voelker was cautiously optimistic.

“As the budget dragged on, I thought it less and less likely it would be taken up,” said Voelker. “I still don’t know how probable it is to pass, but there is some chance.”