21 ADA positions land on the chopping block

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Did the end of the last legislative session mean the end of more than 20 state prosecutor positions in Wisconsin?

The answer appears to be yes, after a bill to preserve 21.3 assistant district attorney jobs failed to reach the legislative floor and was omitted from the latest version of the budget repair bill before the state Legislature. The bill would have provided state funding for positions where a federal grant is set to expire.

“I’m not sure if this is dead, but it’s really discouraging to not have this small patch applied,” said Dane County District Attorney Brian Blanchard. “Especially since this was only a temporary solution.”

A group of legislators is seeking an appropriation of $881,000 to sustain the salaries of the prosecutors in seven counties, including 16 in Milwaukee County, until the next biennium. Federal funding for the positions runs out on June 30 and Dec. 30.

The state Senate passed its version of a budget repair bill on March 25 without the provision that was defeated with a 5-3 vote in committee four days earlier. The Conference Committee, which has yet to be appointed, may take up the issue when they meet, said Eric M. Peterson, legislative aide to Sen. Lena Taylor, D-Milwaukee.

Meanwhile, the clock is ticking. Blanchard, who will lose 1.75 positions, and other district attorneys are preparing for the very real possibility of summer cutbacks.

Few Options

Milwaukee County District Attorney John T. Chisholm acknowledged the budgetary crisis facing the state, but hoped to at least bridge the gap with funding until the next biennium. On March 21, he testified before the Senate Committee on Finance, but to no avail.

Now, he says there are few financial outlets available to retain staff.

“Absent some dramatic intervention, people will be out of a job in nine months and that’s not a great message to send the troops,” said Chisholm.

Solutions are equally scarce in St. Croix County, which is scheduled to lose one assistant district attorney position at the end of June, even though a new judge will take the bench Aug. 1.

As part of the last state budget, the county received a new judicial branch, along with a new assistant district attorney, funded by the Edward Byrne Justice Assistance Grant. But district attorney Eric G. Johnson may have to eliminate the position just six months after it was created.

“I thought the position would last at least a year,” said Johnson.

With only 4.2 prosecutors positions currently, Johnson has no idea how the office will compensate for the loss of one assistant district attorney, one month before a new judge takes the bench in the county.

Drug Abuse

Specialty units will be hit especially hard once the grant expires.

Chisholm expected his drug division would lose approximately half of its 10-person prosecution team. He said the cuts would essentially establish a “triage” mode of processing drug-related cases.

“Generally, we look to treat all drug dealers the same,” said Chisholm. “Now we may have to examine a threshold and say ‘X’ amount has been dealt and that person is held unaccountable.”

Waukesha County will also see a drastic reduction in its drug unit, according to District Attorney Brad D. Schimel. Currently, up to three of the 16.5 prosecutor positions in the county focus on drug crimes and any losses would essentially eliminate the unit.

“We would probably not be able to continue functioning with a specialty drug prosecutor, because we can’t have people specializing,” said Schimel. “There’s too much to do.”

Though the loss would cripple a program, which Schimel said has been making strides since he took the job in 2006, it will be compounded by the eliminations in Milwaukee. He cited the recent crackdown on gang activity in the city.

“If Milwaukee loses 16 [prosecutors], who is going to prosecute those gang members?” said Schimel. “If [Milwaukee] loses ground, we’re going to have to bolster our resources in our border communities.”

Last Resorts

While options are limited, Schimel discussed funding possibilities with county officials, but realizes the purse strings are just as tight on the local level.

“We may find a way to do it at the county level, but I’m not holding my breath,” said Schimel, who estimated the cost of preserving one position to be around $68,000. “If we lose on that one, I don’t have a ready answer as to what we’ll do.”

Chisholm said the only immediate alternative to inclusion in the budget repair bill is asking the federal government for more money. He plans to travel to Washington D.C. to speak with federal legislators in the coming weeks.

But regardless of whether state or federal dollars appear in the short-term, the problem will persist into the next state budget cycle.

Blanchard wondered if it will take a catastrophic event to warrant long-term funding for not only the 21.3 positions, but the more than 130 prosecutors Wisconsin lacks, according to a 2007 report by the Legislative Audit Bureau.

“I guess a cynic might say we’re that much closer to a horrible set of events which will trigger some action,” said Blanchard.