Vol. 76, No. 1, January 2003

Helping Those in Need

by Pat Ballman

Recent media reports have highlighted that current financial guidelines for determining State Public Defender (SPD) eligibility in Wisconsin have not been adjusted for inflation since 1987. This denies representation to those earning as little as $3,000 a year. As a result, growing numbers of defendants fall in the gap between SPD eligibility and minimal financial ability to retain counsel.

When denied SPD representation, defendants can request courts to appoint counsel at county rather than state expense. But with no indigency standards that judges must follow, and strong budgetary pressures on courts, many poor people get no counsel.

Even a misdemeanor conviction can mean jail time, loss of a job, a record that will limit employability, or the loss of a home. Lawyers not only protect the rights of the accused, but because lawyers understand the procedural steps that a pro se defendant is unlikely to understand, they help the courts resolve cases efficiently and reduce court time and even jail costs.

The SPD has proposed eligibility standards modeled after Wisconsin Works (W-2), which would allow applicants to have a gross income of up to 115 percent of the federal poverty level ($10,189) for a single person and still qualify for representation at state expense.

The right of indigent defendants to counsel has been recognized in Wisconsin for nearly 145 years. In Carpenter v. Dane County, 9 Wis. 249 (1858), Wisconsin's supreme court reasoned that the right enumerated in article 1, section 7 of the Wisconsin Constitution - to be heard by counsel, to demand the nature and cause of the accusation, to meet witnesses face to face - would be a cruel mirage in the absence of legal counsel. The State Bar has long been active on indigent defense issues, and will continue to work to ensure that indigency standards more closely reflect the economic realities and to ensure adequate funding for the SPD budget.

Civil legal services for the indigent also must be supported. Without representation, the indigent and the working poor often cannot meet the most basic of human needs. Wrongful evictions make families homeless. Immigrants may be denied access to fair wages. Elderly people living on fixed incomes may go without disability benefits or health care.

In Wisconsin only about 20 percent of the indigent needing civil legal help get it, which ranks Wisconsin 37th among the 50 states in funding civil actions. And the statistics are getting worse. Interest on Lawyers Trust Accounts (IOLTA) funding is down, with interest at such low rates. Worse, the entire IOLTA program is at risk because of a suit pending before the U.S. Supreme Court. And federal funding of the Legal Services Corporation (LSC), which provides funds to our state agencies, is down significantly from 1996, and is expected to decrease another 17 percent this year.

The State Bar works through every avenue it can to address funding the civil legal needs of the indigent, including advocating for state general purpose revenue for civil legal services, raising funds from lawyers and the private sector, and advocating for continued LSC grants to Wisconsin legal aid programs. But there is more that we can do.

The Legal Assistance Committee is considering how a statewide coordinated effort might collect information about all the pro bono projects statewide. This information could be used to identify overlaps and gaps, redirect efforts to cover unmet needs, and coordinate opportunities for volunteers who want to do pro bono but do not know where to volunteer. By coordinating statewide, the committee hopes to provide training, procure malpractice insurance, and keep track of what pro bono programs are offered.

The State Bar offers members the opportunity to make a real difference in the lives of needy people in our state. Whether you contribute funds or time or both to civil or criminal pro bono efforts, you can provide a real service at a critical time in somebody's life.

For more information about civil legal pro bono projects, call Elizabeth Rich, pro bono coordinator, at (800) 444-9404, ext. 6177. For information about the legislative grassroots effort to increase indigency standards for SPD eligibility in criminal cases, call Dan Rossmiller, public affairs director, at (800) 444-9404, ext. 6140. Or, go to www.wisbar.org.

Wisconsin Lawyer