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Legislative Watch
Wisconsin's Biennial Budget Bill Pending
Laws in the Making
Here's a look at the State Bar of Wisconsin's legislative priorities.
by Jenny Boese
GOV. SCOTT MCCALLUM INTROduced his first-ever budget bill on Feb. 20,
and the Legislature was quickly thrown into its budget season. Introduced
as companion legislation under Assembly Bill 144 and Senate Bill 55, the
budget bill immediately was referred to the State Legislature's Joint
Committee on Finance, arguably the most powerful legislative committee
due to its budget writing powers. Cochaired by Sen. Brian Burke (D-Milwaukee)
and Rep. John Gard (R-Peshtigo), the Finance Committee is charged with
reviewing the budget and then voting on each budget provision. After the
Finance Committee crafts a budget, the bill is sent to both houses of
the Legislature for their action and, in turn, to the governor.
State Bar Priorities
The State Bar will work with legislators throughout the budget process
on num-erous issues. Of those issues, the Bar's priority positions include
support of state funding for civil legal services, the Office of the State
Public Defender, and for establishing a court interpreter program.
Civil Legal Services. The State Bar strongly supports state funding
of civil legal services for low-income individuals and will work with
legislators to include this funding in the budget. During the development
of last session's budget bill, the Finance Committee provided $200,000
from the federal welfare block grant and directed that that money be used
for civil legal services. With the influx of money, poverty firms across
the state were able to serve 700 families' legal needs. A continuation
of that appropriation was not included in the 2001-02 budget.
To provide access to justice for all individuals regardless of income,
the State Bar is asking for $500,000 General Purpose Revenue for civil
legal services. Wisconsin is one of only a handful of states that does
not provide any state revenue for this purpose. Funding for civil legal
services is needed and will be used to help prevent homelessness, to remove
women and children from violent family situations, and to protect senior
citizens from fraud.
Office of the State Public Defender. The State Bar and its Criminal
Law Section strongly support funding of the Office of the State Public
Defender (SPD). The budget reduces the appropriation for the SPD by $3.2
million (a 5 percent cut), which will mean the elimination of SPD attorney
positions, lengthy delays in payments, and possibly a further reduction
of the assigned counsel rate. All Americans are afforded the right to
counsel under the 6th Amend-ment to the U.S. Constitution and the state
cannot abrogate its constitutional duty to provide for this representation.
The budget also excludes the requested, and long overdue, increase in
the private bar rate from the current $40 per hour to $70. This is the
rate held to be reasonable by the Wisconsin Supreme Court and codified
in Supreme Court Rule 81.02. This rate has received only a minimal increase
in 22 years.
Court Interpreters. The State Bar strongly supports providing
funding for court interpreters in the court system. This is a priority
for the Wisconsin Supreme Court. In its budget request, the court asked
for $2 million to establish a court interpreter program and increase the
state reimbursement to counties for interpreter services. The governor's
budget bill only provided $50,000 to the interpreter reimbursement fund
and did not establish the program as requested by the supreme court. The
goal of the court interpreter program is to increase funding and rates
for interpreters, create a certification program for court interpreters,
and establish an educational program so that interpreters understand court
procedures, terms, and processes.
The State Bar and its practice sections have an interest in other budget
provisions. To learn more, contact Jenny Boese at the State Bar at (800)
444-9404, ext. 6045, direct at (608) 250-6045, or email at jboese@wisbar.org.
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