March 17, 2010 – Gov. Jim Doyle has signed legislation expanding financial eligibility for the appointment of a public defender, achieving a major public policy goal of the State Bar of Wisconsin.
Gov. Doyle signed Senate Bill 263 into law on Monday, March 15. The bill expands state financial eligibility for public defender representation from the antiquated 1987 AFDC limits to current W-2 limits, which generally are 115 percent of the federal poverty level.
State Bar President Douglas W. Kammer thanked Gov. Doyle for enacting the legislation.
“The State Bar has a long-standing position in favor of using federal poverty guidelines as minimum financial criteria for determining indigence and eligibility for constitutionally mandated appointment of counsel,” Kammer said. Consistent with that position, State Bar lobbyists worked with the State Public Defender to enlist legislative support for the legislation.
“Every American, including those of limited financial means, has a constitutionally guaranteed right to legal representation in criminal cases, making this legislation a key step toward achieving justice for all in Wisconsin,” Kammer added.
Members of the Assembly approved the bill on a voice vote on Thursday, March 4. The state Senate passed the bill on a bipartisan 21-12 vote on January 28. Rep. Gary Sherman and Sen. Spencer Coggs introduced the legislation in August 2009.
Because financial eligibility standards for public defender representation had not been updated for over two decades, many of Wisconsin’s poorest citizens have been left without access to public defender representation.
It is estimated Senate Bill 263 will increase the SPD’s caseload by approximately 10 percent, or about 13,000 cases per year. Under the bill, SPD staff will be assigned 75 percent of the caseload (an increase from the current 55 percent handled by staff attorneys) and the private bar will be assigned the remaining 25 percent. The State Bar’s Board of Governors supports the allocation of cases included in the bill.
The legislation authorizes hiring 32 new SPD staff attorneys and 17 support positions to accommodate the anticipated increase in the State Public Defender’s caseload. Because the changes will largely not be effective until June 2011, they will have minimal fiscal effect on the current 2009-11 state biennial budget. However, when fully implemented, the estimated cost is approximately $4.6 million annually.
Bill to increase private bar rate faces uncertain future; petition filed
In a related development, legislation that would increase the hourly rate for private bar State Public Defender appointments from $40 to $70 has received a tie vote in the Assembly’s Committee on Judiciary and Ethics.
Despite the 4-4 party-line vote on March 9, the committee’s chair, Rep. Gary Hebl, has reported the bill out of committee. Because the legislation includes the allocation of state funds, legislative leaders have referred it to the Joint Finance Committee, which will have to approve the bill before it can be scheduled for a full vote of the state Assembly.
The legislation - Assembly Bill 224 - would significantly increase the hourly rate for SPD private bar appointments if ultimately enacted into law. The State Bar has long supported legislation such as AB 224, which was introduced earlier this session by Rep. Frederick Kessler.
To date, similar legislation has not been introduced in the state Senate. If ultimately passed by the Assembly, AB 224 would have to receive a public hearing and committee vote in the Senate and then a vote by the full house, all before the end of regular legislative business in April.
Also, on March 5, several Wisconsin attorneys filed a petition with the Supreme Court to increase the Supreme Court rate under SCR 81.02 to $80 per hour and to index the rate to the consumer price index. The petition would also provide that payment of an hourly rate less than the rate set forth in SCR 81.02(1) for legal services rendered pursuant to appointment by the SPD under Wis. Stat. section 977.08 is unreasonable. A supporting memorandum was also filed.
The attorneys who filed the petition includes several past presidents of the State Bar, including Patricia K. Ballman, Thomas J. Basting Sr., Michelle A. Behnke, Gregory B. Conway, Franklyn M. Gimbel, Gerald M. O’Brien, G. Lane Ware, and John S. Skilton. Other attorneys named in the petition include Richard T. Becker, Robert H. Friebert, former Wisconsin Supreme Court Justice Janine P. Geske, former Milwaukee County District Attorney E. Michael McCann, Jose A. Olivieri, Timothy W. Burns, and Dean A. Strang.
Continue to monitor WisBar.org and visit the State Bar’s Government Relations page for updated legislative information.
By
Adam Korbitz, Government Relations Coordinator, State Bar of Wisconsin
Related articles:
Bill to increase SPD private bar rate receives tie vote in committee - March 10, 2010
Assembly gives final passage to bill to expand public defender eligibility limits - March 5, 2010
Senate passes bill to expand public defender eligibility limits - January 29, 2010
State Bar urges Joint Finance to support expanded public defender eligibility limits - December 16, 2009
State Bar supports expanded public defender eligibility limits at joint hearing - October 7, 2009
