Nov. 1, 2023 – Wisconsin’s new Acting State Public Defender, Katie York, grew up far from courtrooms and urban landscapes – on a dairy farm in southeast Wisconsin, near Lake Geneva. “My dad is a farmer, my mom’s a nurse,” she said.

Growing up on a farm teaches many things – including a good work ethic. She didn’t know any lawyers or anything about the justice system. After high school, York sought her own path. “I decided I wanted to move outside the state,” said York, a recent member of the State Bar of Wisconsin’s Board of Governors.

She moved to Wilmington, North Carolina – just in time to be evacuated for a hurricane. But she completed her undergraduate degree in business administration from the University of North Carolina in Wilmington, with a concentration in economics. One course – on business law – changed her path. “That’s when I started thinking about law school. I took one criminal course and decided that law school was what I wanted to do,” she said.

After taking a working year in Bozeman, Montana – “I worked two jobs, skied a ton – it was a great year” – she went to law school at Golden Gate University in California. At law school, she told everyone “very clearly” that while she didn’t yet know what she wanted to do, it definitely wasn’t criminal defense.

Inspiration

Then she took her first class on criminal law. She was inspired by professors – one was a former appellate public defender, and her first internship was through the Attorney General’s Office in their criminal appeals unit. That led to another internship in the Public Defender’s Office – after a professor told her that was probably the right place for her. “I just loved it,” she said. Through that experience, “I figured out that’s where I wanted to be.”

York began her practice in California at “a tiny law firm,” while she worked on passing the bar exam. Once she passed, she decided to move back home.

She passed the Wisconsin Bar Exam too, and joined the State Public Defender’s Office (SPD) in Green Bay. “I absolutely loved it there. The staff are amazing, and a lot of the attorneys are still there. I learned a ton from everyone.”

She later transferred to the appellate office in Madison, eventually becoming deputy director of the trial division, appellate division director, and deputy State Public Defender. York serves as the Acting State Public Defender while the State Public Defender Board conducts a recruitment to fill the position permanently.

As Acting SPD, she gained her seventh position with the agency. “I’ve loved all the positions – each gives you a different perspective on the agency and how to advocate on behalf of clients,” York said.

Happy Accident, a Passion, a Listener

York has no desire to do anything but criminal defense. “You look back on it now and I'm glad that I stumbled upon it. It was kind of a happy accident to find my way here,” she said.

She cites two reasons for her dedication to criminal defense.

“I love working with our clients. I like fighting for the underdog who are oftentimes our clients,” she said. Rarely do they have a voice throughout their lives. “The people that come to us often have dealt with a lot of trauma, tragedy, mental health issues, substance abuse issues – these struggles in their life that get to a place where they need someone like a public defender to represent them. It’s really good to be the person who listens, who gives them a voice, and who advocates on their behalf.”

“Sometimes it's the first time someone has done that for them,” York said. “We shouldn't be going into a situation and expecting them to automatically trust us because we haven't earned it yet – we have to listen to our clients. And we have to follow through on what we say we're going to do. We do have to give them all of their options honestly and have those discussions.”

“It's a difficult job, but it's so rewarding,” she said.

The second reason is working out the legal puzzle. “There are legal conundrums that you're trying to solve all the time – the constitutional issues, the statutory interpretation issues. This is where I really like to be a nerd and dive down deep into those issues,” York said. “I like writing, I like the courtroom. I like figuring out how to concisely and clearly explain the issue, and at the same time humanize my client and make sure that the court understands who that person is.”

Workload an Issue

The SPD’s struggles continue with its new director – which include finding attorneys to take cases, especially in rural parts of the state. “We’re struggling to find enough attorneys to take the cases, and good attorneys to recruit as staff attorneys,” she said.

The recently approved state budget – providing higher pay for public defenders and those who take SPD-appointed cases – is a big step forward. “It has a huge impact for our staff – they absolutely deserve and need it. That helps us in trying to retain attorneys,” York said.

The other part is the workload, which has increased dramatically since she began with the SPD. “We have a high-volume workload – we need to look at it, to see what we can do,” she said.

“We have to find ways to work with private bar attorneys so we can encourage them to take cases. And we need to look at alternatives to charging – are there ways to cut down on the number of cases that come into the system that suck up our most valuable resource – attorney time.”

The private bar attorneys who take public defender cases are “one of the best resources we have. They are a huge part of the puzzle and we need them,” she said.

Important Work

Last month, York’s predecessor, Kelli Thompson, left her position after more than a decade as the State Public Defender. The two have worked together since York joined the Madison office in December 2010.

“The biggest thing I've learned from Kelli is that it's really important to be your authentic self,” York said. “She listens, and she cares. She's really great at helping people understand the importance of the work we do and the humans that we are representing.

“I've watched her give speeches. I've seen her talking to a lot of different people in different scenarios. She's so authentic in the way that she cares about people and works with people. That's really great to see and it's something that I hope to emulate.”

Stamina and Stress Relief

In 2008, in Arizona and again in Wisconsin in 2011, York completed an Ironman Triathlon – a 2.4 mile swim, then 112 miles on a bicycle, then a 26.2 mile marathon. To complete an Ironman requires a long time of preparation and training. In fact, York has learned that her best stress-reliever is to run, bike, or swim. “It helps me deal with my stress,” she said.

She sees a parallel between doing an Ironman and being a public defender. “You don’t have to do a full Ironman to deal with the stress of being a public defender – but everyone needs to work out their own work-life balance.” Right now for York, that means being a wife and a mother to two children – who require taking a break for time at home. “Once I had kids, it forced me to separate from work when I get home,” she said. “Rather than spinning my wheels on an issue, I go home to be with my family.”

Her message to anyone considering becoming a public defender: “Do it. It’s incredibly rewarding and interesting work. You go every day to work and know you’re doing something good for someone. It is important work for our clients, for society, and for our Constitution.”