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Evaluation of Office of the State Public Defender

NCJ Number
157627
Author(s)
D Bezruki; D Allsen; C Barkelar; H I Bensch; T Coulthart; Z Feher; D Herta
Editor(s)
J Thieme
Date Published
1994
Length
60 pages
Annotation
Wisconsin's Office of the State Public Defender provides legal defense services to indigent persons, and representation is constitutionally guaranteed to individuals who are charged with crimes and face a potential imprisonment sentence.
Abstract
Expenditures and staffing levels have risen as the scope and volume of the Office of the State Public Defender's representation have increased. Between fiscal years 1989-1990 and 1993-1994, expenditures increased by 75.7 percent, from $33.8 to $59.4 million. Similarly, staffing levels increased by 43.9 percent, from 360 to 518 positions. Because expenditure increases have caused concern about whether program growth can be managed, cases assigned to the Office of the State Public Defender were analyzed to determine if improved management efforts could help control increasing costs. The evaluation found efforts to determine indigence were undermined by several factors, resulting in about 12 percent of cases with gross incomes exceeding indigence guidelines. Other problems involved quality, efficiency, and billing fraud. It was determined that a case management system needs to be established to record attorney time spent on each case and to classify the type of work done. Other recommendations encompass improving efficiency, minimizing cost increases, and recouping defense costs. The focus of recommendations is on verifying indigence claims, initiating collection efforts against clients whose financial situation improves, minimizing potential billing fraud, and reviewing the quality and efficiency of indigent representation. An appendix contains a response to the evaluation by Wisconsin's Office of the State Public Defender. 11 tables