GREEN BAY, WI (WTAQ-WLUK) – A lawsuit seeking to force the state to appoint public defenders within two weeks should be dismissed, but not because the new state budget is expected to provide some relief, according to a new filing the in case.
Last year, eight current and former inmates filed suit in Brown County against Gov. Evers and the state Public Defender Board. They contend their Constitutional rights are being violated by delays caused by a lack of attorneys to handle such cases.
In one Green Bay murder case, for example, the state contacted more than 500 attorneys without finding one, leading to delays.
The new state budget includes pay raises for public defenders and assistant district attorneys. The rate for private attorneys who take public defender cases increased from $70 to $100 per hour.
In anticipation of a motions’ hearing next week before a Brown County judge, the attorney general’s office said the moves should help.
“After the enactment of the biennial budget, SPD will be able to pay assistant state public defenders more, which will help SPD recruit and retain its talented staff. SPD will also be able to pay appointed counsel a higher hourly rate, increasing the availability of counsel and the speed with which counsel can be appointed. It is too early to measure specific outcomes regarding appointment times, but they will likely be shortened,” the motion filed Monday states.
That, however, is not why the case should be dismissed, according to the Attorney General.
“Plaintiffs’ claim that SPD must appoint counsel within 14 days of an initial appearance fails as a matter of law,” it states. “In terms of legal doctrine, Plaintiffs’ case fails the familiar four-prong justiciability test for a declaratory-judgment action, in addition to failing to state a claim upon which relief can be granted. Regardless of how the Court approaches the legal issue, Plaintiffs’ claims fail and should be dismissed because they are not justiciable.”
The plaintiffs have not filed a brief on the impact of the state budget on the case.
A motions hearing is set for Aug. 7.
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