The Legacy of Gideon v. Wainwright in Wisconsin

I’d like to take the opportunity through my posts this month to talk about some of the trends and milestones that I see in the field of law, particularly as it pertains to our criminal justice system.

Gideon v. Wainwright, the landmark 1963 U.S. Supreme Court case, started with a handwritten petition from Clarence Gideon. The decision in Gideon set the country’s criminal justice system on a different course: defendants who could not afford legal counsel had the right be be provided with such representation.

Although the scope of the constitutional right to counsel was established with the Gideon decision, the responsibility and the details of its implementation were left to the individual states. In the early years following the decision, Wisconsin complied with the requirement through a county-by-county system. This county-based approach changed in 1977 when Wisconsin took the strategic step of adopting a statewide model of indigent defense, establishing the Office of the State Public Defender (SPD) as an independent, executive-branch state agency. SPD trial offices started to open across the state, and the appellate representation, previously overseen by the Wisconsin Supreme Court, was transferred to the agency. The SPD ensures that our state meets the constitutional requirements set forth in Gideon.

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New ABA Statistics Show that the Growth Rate of the Wisconsin Bar in the Last Ten Years Has Been Below Average

According to new statistics posted on the American Bar Association website, the number of lawyers in Wisconsin grew from 13,813 in 2003 to 15,538 in 2013, an increase of 12%. For the country as a whole, the number of lawyers increased from 1.06 million in 2003 to 1.27 million a decade later, an increase of 20%.

The only year in which the number of lawyers in Wisconsin actually decreased was from 2007 to 2008, when the total fell by 113 lawyers, from 14,561 to 14,448.

The states with the largest percentage growth in the number of lawyers over the past ten years are:

Nevada +54%
Alabama +47%
Utah +36%
Arizona +42
Delaware +36%

In two states, the number of lawyers has actually declined since 2003: the Rhode Island total has dropped by 19% (from 5,135 to 4,173), while that for Massachusetts has fallen by 8%. Massachusetts actually hit its decade low total in 2007, while the bottom was reached in Rhode Island in 2009. In both states the total has increased in recent years.

The three states with the most slowly growing bars are Vermont +3%, Nebraska +4%, and Alaska +8%.

The largest total number of lawyers is in New York (166,317), followed by California (163,163), Texas (82,607), and Illinois (62,496). The smallest number is in North Dakota (1,560), followed by Wyoming (1,681), and South Dakota (1,905).

 

 

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The Sheriff Must Run the Jail, But How Do You Know Whether a Facility Is a Jail?

Last week, the Circuit Court in Milwaukee County rejected the effort of Sheriff David A. Clarke to maintain control over the County Correctional Facility South.  (Judge Van Grunsven’s ruling is available here.)  Although the CCF-S (formerly known as the House of Corrections) was run for decades by a superintendent who was independent of the Sheriff, the County transferred control over the CCF-S to the Sheriff in 2009 as a result of security concerns at the facility.  However, the new management proved less than satisfactory to some important stakeholders.

Conflict over Clarke’s administration of the CCF-S seems connected to a wider ideological conflict between Clarke and other County leaders over the incarceration of relatively low-risk criminal offenders, with Clarke taking a very critical position regarding various criminal-justice initiatives that might be grouped under the heading “evidence-based decision making.”  (Background on the conflict is here; my critique of some of Clarke’s views is here.)  Clarke has been unsupportive of treatment programs and alternatives to incarceration, and his administration of the CCF-S has apparently reflected this perspective.  Finally, through its 2013 budget, the County Board decided to transfer control of the CCF-S back to a superintendent.  Clarke’s control over the downtown jail, which has been his all along, remains unaffected.

Clarke sued the County in order to block the transfer.  

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