After Thirty Years, It Is Time To Raise The Compensation for SPD Appointments

Statue entitled "The Spirit of Justice" outside of the Rayburn Huse Office Building in Washington, D.C., showing a seated woman with a small child.I’ve been asked to be the alumni blogger for the month of May. It’s about time!

For those who don’t know me, I am a criminal defense attorney in Wisconsin. I am currently the President of the Wisconsin Association of Criminal Defense Lawyers (WACDL). Because of this position, and the fact that I’ve practiced exclusively in the criminal defense field for 12 years, my posts will generally focus on defense-related issues.

In that vein, perhaps the most pressing criminal defense-related issue in Wisconsin remains the unconscionably low rate of compensation paid to lawyers who take appointments from the State Public Defender’s Office (SPD).

Here’s the nutshell version of what currently happens. Indigent defendants are constitutionally guaranteed representation by lawyers who work for the SPD. But the SPD obviously can’t handle all of the cases assigned to the agency. For one, there are cases with co-defendants, where ethical rules preventing conflicts of interest would preclude one “firm” from representing both defendants. In other situations, a flood of criminal prosecutions renders the SPD staff unable to handle all of the cases. Consequently, private attorneys will sometimes step up to the plate, and agree to take these cases.

These cases, known as SPD appointments, are paid at a rate of $40 an hour.

Continue ReadingAfter Thirty Years, It Is Time To Raise The Compensation for SPD Appointments

Law School is Life-Changing—and about Changing Lives

Law school is hard. In your first year, you’re scared and unsure about what to expect. You know that “on-call” is a thing that happens, but you don’t know whether it’s like the movies you’ve seen or if that was just Hollywood. You know you have more reading assigned than you’ve ever had, and you don’t know how in the world you will get it all done. You don’t know anyone, or at least don’t know them well, as you go through the hardest task you have ever taken on.

Law school is hard. In your second year, you understand the process, but you’re starting to wear down. You have figured out how to read hundreds of pages a week—and mostly retain it—but you don’t know how to balance working and extra-curriculars and dramatic interpersonal relationships at the same time. You’re starting to get worried about having a job after graduation. The rankings roll in and you aren’t sure whether you’re succeeding, based on your own standards or those imposed on you.

Law school is hard. In your third year, you have a job . . . or you don’t. You’re tired—mentally, physically, and emotionally. You’re so excited to be done, but that light at the end of the tunnel is still so far away, and even that is scary. Sure, you’re ready to be done with law school—but maybe not ready to be a full-time, practicing attorney. You hope the work is done—after all, the three years are up—but you know that practice won’t be any easier.

Law school is hard. It is frustrating, challenging, infuriating, scary, soul-crushingly busy.

Continue ReadingLaw School is Life-Changing—and about Changing Lives

2017 Jenkins Honors Moot Court Competition Finals

Congratulations to the winners of the 2017 Jenkins Honors Moot Court Competition, Nate Oesch and Elisabeth Thompson. Congratulations also go to finalists A.J. Lawton and Ashley Smith.  Nate Oesch and Elisabeth Thompson additionally won the Franz C. Eschweiler Prize for Best Brief.  Ashley Smith won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a large audience in the Appellate Courtroom. Presiding over the final round were Hon. Paul J. Watford, Hon. James D. Peterson, Hon. Amy J. St. Eve.

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.  Thank you as well to the Moot Court Association for its work in putting this event together, and especially 3L executive board members Samuel (Micah) Woo, who organized the competition, and Chief Justice Barry Braatz.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.

The final round may be viewed here.

Continue Reading2017 Jenkins Honors Moot Court Competition Finals
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