Wisconsin lawmakers are attempting to resolve a mounting backlog of criminal cases by proposing a plan to hire more than 100 new legal professionals—including judges, prosecutors, and public defenders—across the state. The proposal, which includes the creation of new court positions, awaits approval from the state’s Republican-controlled Senate after passing the GOP-led Assembly in February.

Expansion of Legal Staff and Court Positions

The bill would allocate 18 new assistant public defender positions and 35 public defender support staff roles over the 2027 and 2028 budget years. It also aims to add nearly 69 assistant district attorneys across Wisconsin during the same period. Additionally, the legislation calls for the appointment of several new circuit court judges, who would be assigned to Brown, Kenosha, Menominee, and Shawano counties.

Rep. David Steffen, R-Howard, the bill’s primary author, said he introduced the measure after learning about long delays in the state’s criminal justice system. ‘That means the accused aren’t having their day in court,’ Steffen said during a floor debate. ‘The Constitution guarantees that every person shall be provided a speedy trial. We have been denying that to people throughout this state.’

Cost and Budget Considerations

According to a fiscal estimate from the State Public Defender’s office, the additional public defender positions could cost approximately $5.6 million annually. The Wisconsin Department of Administration, however, listed the expected cost of hiring more prosecutors as ‘indeterminate’ in its submitted estimate.

The bill does not include a specific price tag, but it instructs state officials to request funding for the new positions in the upcoming budget cycle. Last year, it took nearly eight months on average for a felony case to move through Wisconsin’s state courts. While the process has improved slightly in recent years, the state still lags behind pre-pandemic resolution times for criminal cases.

Amendments and Political Controversy

Last year, Steffen introduced an amendment to the bill that altered the number of court positions allocated to specific counties. The amendment removed four assistant public defender and six public defender support staff positions that had been originally earmarked for Milwaukee County.

During a committee hearing, Sen. LaTonya Johnson, D-Milwaukee, questioned why those positions were removed. Steffen, the amendment’s author, stated that the original version of the bill was based on a needs assessment but was revised due to ‘political pressures.’ ‘In order for me to get unanimous support in my caucus and unanimous support in committee, there were certain things that had to be done,’ Steffen told Johnson during the meeting.

Johnson criticized the move, stating that withholding positions due to political disagreements is counterproductive. ‘To hold 900,000 people hostage because they felt what was said was offensive to one organization—it’s not fair,’ Johnson said, referencing the population of Milwaukee County.

The amended version of the bill gives Milwaukee County a total of four additional assistant district attorneys. Last year, there were more than 6,000 felony cases filed in Milwaukee County—the highest number in the state.

Legal Challenges and Advocacy Groups

Last year, a group of individuals charged with crimes in Wisconsin sued, claiming their constitutional rights were violated due to long waits for public defenders. A Brown County judge denied class action status in the case, but the decision is being appealed.

In 2022, regional managers for the public defender’s office in Greater Milwaukee sent a letter to Milwaukee County’s criminal judges, expressing concerns about the activities of an advocacy group called Enough is Enough, which focuses on victims of reckless driving. The group has been observed at court proceedings and has submitted impact statements requesting strict penalties in reckless driving cases.

The letter prompted pushback from some in Milwaukee County, including state Rep. Bob Donovan, R-Greenfield, who called for an apology from the public defenders over their attempt to ‘smear’ Enough is Enough. Johnson said the controversy surrounding the group should not impact the allocation of legal resources.

The bill’s co-author, Sen. Eric Wimberger, R-Gillett, did not respond to a request for comment. Steffen declined to provide further comments to WPR.