Please ensure Javascript is enabled for purposes of website accessibility

Public Defender bills advance to Joint Finance Committee

By: dmc-admin//January 28, 2008//

Public Defender bills advance to Joint Finance Committee

By: dmc-admin//January 28, 2008//

Listen to this article

Legislation to upgrade the criteria for determining who can qualify for a State Public Defender (SPD) in Wisconsin recently advanced to the Joint Finance Committee, where similar proposals stalled in 2003 and 2005.

Assembly Bill 576 unanimously passed through the Committee on Courts and Corrections, 11-0, on Jan. 15 and a day later, the Senate version (SB 321) was approved, 3-2, by the Committee on Judiciary, Corrections and Housing.

“I’m very thrilled to have an 11-0 vote in the Assembly committee, which demonstrates the bipartisan support we’ve had,” said Sen. Jim Sullivan, D-Wauwatosa.

1987 Standards

SPD Public Information Officer Randy Kraft said the need still remains for an update of the 1987 standards and improved access to justice for those too poor to obtain it.

But Sen. Glenn Grothman, R-West Bend, questioned legislators’ rationale for supporting the initiative given the budget crunch this year.

Estimates from the SPD indicate a start-up cost of $4.3 million in 2010 and annual state contributions of $4.6 million. The legislation would also provide the SPD with an additional 51 new full-time equivalent general purpose revenue positions on July 1, 2009, the day on which the bill’s other changes become effective.

“My major reason to vote no is the state is as broke as broke can be,” said Grothman, who along with fellow Republican Sen. Mary Lazich (New Berlin) voted in opposition of the bill.

Budget Issue

Lazich indicated that now is not the time to address the costly proposal.

“It is a budget item and that is where it should be addressed,” said Lazich. “In my opinion, it’s not appropriate to look at this item now. See where it fits in as a priority in the next budget cycle.”

Sullivan said the SPD and citizens have already waited more than 20 years for an update.
“How can we say this is not the right time?” said Sullivan. “If 21 years are insufficient, then what is?”

Grothman was especially critical of the six Republicans in the Assembly for their support of the legislation, calling them “goofs.”

“They (the Assembly) have the nerve to say hire 51 new lawyers now, when we’re not even close to getting caught up in this budget,” said Grothman. “Those people are nuts.”

Covering Costs

Kyle Leighton, a spokesperson Sullivan, said the funding for the SPD upgrades would come from General Purpose Revenue (GPR) in the next biennial budget.

“That money would be built in and because of economic growth, there would be a bigger pot of money to draw from,” said Leighton.

Both bills seek to increase eligibility standards for poor people in the state to retain a public defender. Qualifications would be rooted in the Wisconsin Works (W-2) program.

To qualify for a public defender, an applicant’s assets, minus up to $10,000 for a vehicle and home value, cannot exceed $2,500 and cannot exceed 115 percent of the federal poverty guideline.

Kraft said current eligibility standards are hard to quantify in a single number, but they are based on the 20-year-old Aid to Families with Dependant Children (AFDC) tables, which he called “obsolete.”

Should the bills advance through Joint Finance, Grothman said the legislation has a good chance of passing both houses, though he hopes it will not come to that.

“If Joint Finance has any brains, they will just bury it there,” said Grothman. “But, we’ll see, they might be totally irresponsible.”

Sullivan was optimistic that the legislation would be reviewed by Joint Finance in the next month and then advance to the Senate.

“There is a place for partisan positioning and this isn’t it,” said Sullivan.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests