Public Defender

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Wisconsin State Public Defender’s Office

Budget
The SPD’s total budget for FY11 is $78.1 million.

•Over 98% is funded by General Purpose Revenues (i.e., revenue from income and sales taxes); the balance is Program Revenue from client collections and training programs.
•Over 90% is spent for personnel and private bar payments.
•Payments to private bar attorneys average approx. $2 million each month.


Staffing
In FY11, the SPD is authorized 535.45 full-time equivalent (FTE) positions, located in 39 offices throughout the state (36 trial, 2 appellate and central administration):
•316.50 FTE attorneys and attorney managers, and
•218.95 FTE administrative and support staff (including 42.9 FTE investigators and 13.00 FTE client services specialists).


Case Openings
In FY10, the SPD appointed counsel in 130,709 cases, including 3,146 appellate level cases. Overflow and conflict cases are assigned to the private bar. The SPD has a biennial appropriation for private bar payments that may not be co-mingled with other appropriations.
•Projected case openings and statutory caseloads for staff attorneys determine how many cases will be assigned to the private bar, and the cost of those cases.
•$41 million was appropriated for payments to private bar attorneys in the 2009-2011 biennium.

In FY 010:

•Approx. 59% were assigned to staff attorneys;
•Approx. 37% were assigned to private bar attorneys on rotational basis, at a statutory hourly rate of $40 for work in or out of court and $25 for travel.
•Approx. 4% (misdemeanors only) were assigned to private bar contractors on a fixed-fee basis.

Historical Case Openings:
FY10 130,709
FY09 142,879
FY08 136,627
FY07 142,396
FY06 145,240
FY05 143,327