Tommy Thompson Told His Daughter to Try Being a Public Defender –and It Launched Her Career

Kelli Thompson admits she wasn’t entirely eager to become a lawyer, particularly the kind involved in courtroom work. As a student at Marquette Law School, “I probably did a very, very good job of staying far, far away from any kind of trial advocacy or litigation type of class. I think my thought was I would get the J.D. behind my name and just do something else. The something else, I have no idea what that was going to be.”

But, she said during an “On the Issues with Mike Gousha” program at Eckstein Hall on October 15, 2019, “In my third year of law school, I think it was killing my father that I was not even considering going into a courtroom.”

Her father, by the way, is Tommy G. Thompson, who, at that time in the mid-1990s, was governor of Wisconsin.

Kelli Thompson recalled, “At that point in time, he certainly wasn’t pushy, but he said, ‘Before you decide you hate it (courtroom work), you at least have to try it.’ . . . He said Marquette has wonderful clinical programs.” He told his daughter to pick one. “I said, ‘OK, you pick for me because I don’t know what I want to do’ . . . He said, ‘There’s no doubt, public defender, you should go there.’

So she did. “I can say quite honestly, after my first couple of days, I was hooked,” Kelli Thompson said.

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Second-Class Treatment of Criminal Defense Lawyers

A gavel with scalesCurrently before the State Legislature are bills regarding the State Public Defender private bar appointment rate.  Currently the rate is $40 per hour (the lowest in the nation), but the bill is proposing to raise the rate to $70 per hour.  Recently a petition to the Wisconsin Supreme Court attempted to get the Supreme Court to raise the private bar rate of the public defender to $100 per hour.  While the Supreme Court acknowledged the current rate as woefully inadequate, it did not take action regarding the public defender appointed rate, although it did raise the court-appointed rate effective next year to $100 per hour for all court-appointed lawyers.

The issue regarding the lack of attorneys willing to take SPD appointments to represent the indigent has picked up significant media attention and has prompted one lawsuit.  The discussion that the State is failing to fulfill constitutional obligations to its citizens is important.  Why did it take a “constitutional crisis” to reach this point?  The criminal defense attorney is not just politically unpopular but can often be viewed as a reason elections have been lost.

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Full(er) Disclosure: Wisconsin Invigorates the Brady Rule

Rugby player hiding ball under his shirtA Warren Court cornerstone has been “remastered and upgraded,” as they say, by the Wisconsin Supreme Court in a case that has riled the waters nationally. In Brady v. Maryland (1963), the Warren Court held that prosecutors must disclose exculpatory evidence to the defense. No hiding the ball. Over fifty years of case law, however, has occluded the rule with sundry conditions and qualifications that obscure its modest disclosure provision. More time is spent describing the ball than looking for it.

In State v. Wayerski (2019 WI 11), the Wisconsin Supreme Court scraped off Brady’s barnacles, overruled fifty years of precedent, and held that prosecutors must provide the defense with any information that is exculpatory or impeaching  — even if the defense could have found it as easily as the prosecutor.

Continue ReadingFull(er) Disclosure: Wisconsin Invigorates the Brady Rule