Bill May Raise Income Limits for Public Defense

June 16, 2003
Milwaukee Journal Sentinal
By Kelly Wells

A Republican lawmaker will introduce legislation today that would increase the income limits under which criminal defendants could be represented by a public defender -- the first time the guidelines would change in more than 15 years.

The bill, sponsored by Rep. Terri McCormick of Appleton, would allow an individual earning up to 115% of the poverty level -- currently $18,400 for a family of four -- to get a public defender and would allow annual adjustments.

The income threshold is 80% of the 1987 state poverty standards. The new level would mean about 11,000 more people would qualify for a public defender, according to a study by the state public defender's office.

The legislation comes six months after the Milwaukee Journal Sentinel reported that poor people accused of crimes in Wisconsin are being systematically denied their constitutional right to legal counsel because of the outdated guidelines. A single person living on as little as $248 a month doesn't qualify for state-funded assistance, the investigation found. That's nearly $500 a month below the federal poverty line.

McCormick said the proposal would not add to the state's budget deficit because public defenders would be paid for by the counties in which they work. Currently, counties across the state sometimes pay private attorneys to represent indigent defendants at a much higher cost than public defenders. The bill is structured so that eventually the state would assume the financial burden of public defenders, beginning with those involved in criminal cases, she said.

Wisconsin counties pay an average of $69 an hour to private lawyers; under McCormick's bill, the counties would pay $40 an hour for a public defender. That could translate into "tens of millions" of dollars in savings, she said.

McCormick said several colleagues have expressed interest in the bill, which she has been working on for about three years. If passed by the Republican-controlled Legislature and signed into law by Democratic Gov. Jim Doyle, the change could take effect as early as January 2004, she said.

"We're streamlining county money," she said. "Citizens across the state are going to win."

The changes would not only guarantee individuals' rights but could cut down on prison overcrowding and ease the burden of backlogged courts, McCormick said. Court appearances often must be rescheduled because of a lack of representation, she said.

The state public defender's office said the updated law would guarantee poor people's rights.

"Indigent defense is really one of our basic constitutional rights," said Randy Kraft, a spokesman with the office.

Rachel Schneider, co-chairwoman of the Legal Services for the Indigent Committee of the Milwaukee Bar Association, said the new limits are needed.

"These low eligibility standards distort people's perceptions of the justice system," she said in a statement.


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