Public Defenseless 59: The Lawsuit Pushing to Change the Wisconsin Public Defense w/John Birdsall and Hank Schultz
Today, Hunter is joined by two guests hoping their lawsuit against the state of Wisconsin will bring vital changes to the State's Public Defender System. Hank Schultz and John Birdsall have a combined experience of more than 40 years of working as criminal defense attorneys in Wisconsin. Through this experience, they are acutely aware of the history of inadequate pay for contract counsel and tough on crime policies that have pushed indigent defense to a state of crisis.
For decades, the state of Wisconsin paid the attorneys willing to serve as contract counsel for indigent clients a paltry rate of $40 per hour. At that rate, attorneys could not even cover the cost of overhead, and that rate did not change from 1995 until 2020. As a result of these low rates, less and less attorneys were willing to take on cases. Meanwhile, more people were forced to wait months and months just to speak to an attorney. In doing so, the state flagrantly violated the right to counsel and right to speedy trial of countless people, and yet, even raise to $70 per hour the state implemented in 2020 was nowhere close to addressing the magnitude of the problem.
Despite the main issue the state faces being the low pay for contract counsel, Hank and John have sought a creative remedy in their lawsuit. By the end of this episode, you will have a clear understanding of how the state ended being sued, why a lawsuit was necessary, and the potential ways other state's may be able to learn from this case!!
Guests:
Hank Schultz, Retired Criminal Defense Attorney, Former Contract Counsel Wisconsin Public Defense
John Birdsall, Criminal Defense Attorney, Former Contract Counsel Wisconsin Public Defense
Key Topics and Takeaways:
How Hank and John got Involved in Public Defense in Wisconsin [9:20]
Structural Issues with Wisconsin Public Defense [17:20]
How long has Attorney Pay been an Issue in the State [21:17]
History of the Tough on Crime Policies of Wisconsin [24:35]
Attorney Shortages Around the State [29:20]
Goals of the Lawsuit [39:28]
Explaining the Strategy of the Lawsuit [43:10]
Response from the State [50:30]
Response from the Public Defender's Office [54:33]
Resources:
History of Low Pay for Contract Counsel
More Insight into Low Pay in Wisconsin
Class action lawsuit calls out lack of state public defenders
Rural Defendants Sue Wisconsin over Indigent Defense
Contact Hunter Parnell:
hwparnell@publicdefenseless.com