SPD private bar payments suspended until July 1
By Tom
Solberg,
Media Relations Coordinator, State Bar of Wisconsin
May 2, 2011 – The Office of the State Public Defender notified
more than 1,000 private bar attorneys via email on Friday that the
office’s Trial Division has “exhausted the funding in the
private bar budget for this fiscal year.” The practical effect is
that the office will be unable to pay bills from private bar attorneys
until after the new state fiscal year begins on July 1.
“We have tried to mitigate this shortage by transferring
dollars from the staff side (salary appropriation) at the end of each of
the last two fiscal years,” Michael Tobin, the SPD Trial Division
administrator explained in the message. “We will continue to work
with the Department of Administration to see if there is any way to
reduce the length of time you have to wait to get paid.”
Tobin acknowledged the hardships this development creates for
private bar attorneys. “This circumstance is an unfair burden on
you. As we enter a new budget cycle, it is important that you maintain
communication with your local representatives about these funding issues
and their impact.”
The private bar appropriation has repeatedly run short of
reimbursement funds in the second year of the biennium. The State
Bar’s Board of Governors has long-standing public policy positions
in favor of both expanded SPD eligibility standards and adequate
compensation of private bar attorneys who take SPD cases.
When the 2009 Legislature expanded
financial eligibility for public defender representation,
it
also authorized 45 new SPD staff positions to handle the anticipated
increased caseload. In April, the Legislature’s Joint Finance
Committee took up Gov. Scott Walker’s proposed SPD budget for the
upcoming 2011-13 biennium. It approved additional funding for the 45 new
positions and an increased the private bar appropriation by $3.6
million, but this is not expected to cover the entire shortfall in the
next biennium. A subsequent motion by Democrats on the committee
to add an additional $5.8 million to the appropriation failed on at 4-12
party-line vote.
The funding approved by JFC last month does not address the current
(2009-11 biennium), shortfall.
Related articles:
Budget
committee approves funds for new SPD positions, private
bar
– April 27, 2011
State
Bar responds to Governor Walker’s proposed state
budget - March 9, 2011
$5.4
million SPD private bar reimbursement supplemental appropriation
approved - December 14, 2010
Private
bar appropriation expected to run out of money at least five months
early - October 27, 2010
Governor
signs bill expanding public defender eligibility
limits -
March 17,
