GREEN BAY, WI (WTAQ-WLUK) — A judge’s ruling denying class action lawsuit status will be appealed in a case filed by eight criminal defendants who want a judge to order the state to appoint defense attorneys within two weeks of charges being filed, or have their cases dismissed.
Eight inmates filed suit in Brown County in 2022, asking the judge to force the state to assign attorneys to indigent defendants within two weeks of their first court appearance, or have the charges dismissed. They claim excessive delays in getting attorneys violate their constitutional rights.
Earlier this month, Judge Thomas Walsh reiterated a previously ruling, denying the plaintiffs attempt to expand the suit to potentially thousands of criminal defendants waiting for attorneys.
Court records show the appeal notice was registered Wednesday with the appeals court, challenging that ruling.
No legal briefs explaining the basis for the appeal have been filed. Once that is filed, the state will respond. It will likely be months before a decision is reached.
Meanwhile, a scheduling conference is planned for Feb. 17 in Brown County court, although the appeal could make that moot.
Since this lawsuit was filed in 2022, there have been multiple examples of cases delayed by months due to the lack of public defenders. In one case, drug suspect James Grandberry didn’t have his preliminary hearing for more than 14 months after his arrest because an attorney wasn’t appointed for him. Such hearings are supposed to be held within 10 days for suspects in custody. He filed a separate lawsuit, now before the state court of appeals, also asking for cases to be dismissed or suspects released on bond if no attorney can be appointed.
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