Brown County Judge Thomas Walsh in court virtually on Aug. 7, 2023 discussing the public defenders shortage lawsuit. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – A lawsuit seeking to force the state to provide public defender attorneys to suspects within two weeks of being charged will continue, a Brown County judge ruled Thursday.
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 some cases for more than a year.
In one Green Bay murder case, for example, the state contacted more than 500 attorneys without finding one, leading to delays.
In a 15-page decision, Judge Walsh rejected the state’s motion to dismiss the case, saying the plaintiffs have satisfied the legal requirements of having a claim to allow the case to continue.
“With numbers ranging from twenty days after the initial appearance to four hundred days after the initial appearance, the Plaintiffs have provided enough to state a claim that they have not received appointed counsel within a reasonable time after their initial appearance. This may amount to a deprivation of their right to counsel. Because the Plaintiffs have experienced delays in receiving appointed counsel and because the Plaintiffs allege they have not received appointed counsel within a reasonable time after their initial appearance, the Plaintiffs have sufficiently stated a claim that they have been deprived of their right to counsel protected by the Sixth Amendment of the United States Constitution,” the ruling states.
The judge also rejected the state’s argument that the lawsuit should be dismissed because these particular people now have lawyers.
“Thus, while the Plaintiffs’ claims are now moot, the great public importance exception applies because the right to counsel is a fundamental constitutional right and the timely appointment of counsel related to that right is an issue of great public importance,” the judge ruled.
While the ruling keeps the claim alive that their Constitutional rights were violated, no final decision has been made if they are entitled to any “relief” or what that would be.
Walsh dismissed Gov. Tony Evers as a defendant in the case, as he “is not involved in administering the public defense system and the Plaintiffs have provided insufficient allegations that state a claim against him.”
Separately, Judge Walsh denied the plaintiffs’ attempt to turn the case into a class lawsuit, which potentially could have included thousands of suspects across the state. There are four prongs to allow such suits, but only two of them were met, he ruled.
The decision could be appealed.
There are currently no hearings set in the case, and no trial date has been set.
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