Policies and rulings on lengthy imprisonment terms in Wisconsin.

Nonparty Brief of National Association of Criminal Defense Lawyers.

Argument: NACDL’s amicus brief argues that lengthy delays in the appointment of counsel unconstitutionally prejudice the accused’s ability to mount a defense.  Failing to appoint counsel promptly hinders opportunities for pretrial release.  Delaying the appointment of counsel prevents early investigation and evidence gathering.  Failing to appoint counsel promptly also delays critical counseling and negotiations. 

Information on the policy and history of recording custodial interrogations in Wisconsin.

Attorney-client communications federal caselaw and state-specific anecdotal data in Wisconsin

NACDL's work on pretrial advocacy in Wisconsin highlighted by the publication of the Wisconsin Bail Manual. [Released October 2018]

The private bar plays a vital role in a healthy public defense delivery system. In large cities, private attorneys fill a critical gap, handling cases in which institutional defenders have conflicts and work overload; in small towns the private bar may be the only public defense provider, managing court-appointments in addition to their practices; and in all instances, the private bar brings a crucial perspective and expertise to the public defense system and the clients they represent. Yet in far too many places these lawyers are asked to labor without adequate compensation.

In 2018 NACDL filed a public comment in support of a Petition before the Wisconsin Supreme Court to raise the rate of compensation for court appointed counsel, and declaring its current $40 per hour rate as unreasonable. The Court refused to hold the state's rate unreasonable, but did elect to raise its own court assigned case rate from $70/hour to $100/hr.

One of the most important factors in reducing unnecessary pretrial confinement is the presence of an effective and zealous attorney to advocate on behalf of the accused at the initial appearance and bail review hearing. The presence of a skilled advocate improves case outcomes and enhances the sense of fairness vital to a healthy criminal justice system.

Brief of Amici Curiae the National Association of Criminal Defense Lawyers, Bazelon Center for Mental Health Law, National Disability Rights network, and Disability Rights Wisconsin

Argument: Forced antipsychotic medication implicates the defendant’s constitutional rights. Section 971.14’s involuntary medication provisions are incompatible with Sell. This Court should instruct circuit courts to conduct thorough Sell hearings.