Wisconsin’s Effort to Alleviate Court Backlogs: A Legislative Proposal
In an effort to address the growing backlog of criminal cases, Wisconsin lawmakers are advocating for the recruitment of over 100 new personnel, including judges, prosecutors, and public defenders, to strengthen the state’s judicial system.
This legislative proposal, which has successfully passed through the GOP-led Assembly, is now pending consideration by the Republican-majority Senate. The bill aims to appoint 18 assistant public defenders and 35 public defender support staff for the 2027 and 2028 fiscal years.
It also plans to introduce nearly 69 assistant district attorneys across Wisconsin within the upcoming two-year budget period. Moreover, the proposal includes the addition of several circuit court judges to serve Brown, Kenosha, Menominee, and Shawano counties.
The initiative was spearheaded by Rep. David Steffen, R-Howard, who expressed concern over the extended wait times in the state’s criminal justice system. “That means the accused aren’t having their day in court,” Steffen stated on the Assembly floor. “The Constitution guarantees that every person shall be provided a speedy trial. We have been denying that to people throughout this state.”
Statistical data from last year revealed that felony cases in Wisconsin’s courts required an average duration of nearly eight months for resolution. Although efforts have been made to expedite justice, current case processing times still exceed pre-pandemic durations.
While the bill does not specify an exact financial requirement, it instructs state officials to request necessary funds for the proposed positions in the forthcoming budget discussions. The State Public Defender’s office has projected that the additional public defender roles could potentially incur expenses of approximately $5.6 million annually, as per a fiscal estimate. Meanwhile, the Wisconsin Department of Administration described the anticipated costs for additional prosecutors as “indeterminate,” according to their estimate.
Revisions to Milwaukee County Public Defender Positions
Late last year, Rep. Steffen introduced an amendment to the bill that modified the distribution of court positions, notably removing four assistant public defender and six public defender support staff positions from Milwaukee County.
During a committee session, Sen. LaTonya Johnson, D-Milwaukee, inquired about the rationale behind these changes. Steffen explained that the original bill was based on a needs assessment but was adjusted due to “political pressures.” He stated, “In order for me to get unanimous support in my caucus and unanimous support in committee, there were certain things that had to be done.”
Further commentary was unavailable from Steffen, and Sen. Eric Wimberger, R-Gillett, the bill’s co-author, did not respond to requests for comments. In a conversation with WPR, Johnson mentioned being informed that some GOP members were dissatisfied with interactions between Milwaukee’s public defender’s office and the advocacy group Enough is Enough, which is known for its stance against reckless driving.
Last year, Milwaukee’s public defender’s office expressed concerns through a letter to the county’s criminal judges, questioning the group’s influence and suggesting its operations resembled those of the district attorney’s office. This led to criticism from figures like state Rep. Bob Donovan, R- Greenfield, who demanded an apology over what he considered a “smear” against Enough is Enough.
Johnson criticized the decision to reduce positions, arguing, “To hold 900,000 people hostage because they felt what was said was offensive to one organization — it’s not fair.” The amended legislation now allocates four additional assistant district attorneys to Milwaukee County, which saw over 6,000 felony cases filed last year, the highest in the state.
In 2022, a lawsuit was filed by individuals charged with crimes in Wisconsin, accusing the state of violating their constitutional rights due to prolonged waits for public defenders. A Brown County judge rejected class action status for the case, but that decision is currently under appeal.
