NEWS
What Role do Public Defenders Play in the Justice System? BY TOM JENZ
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f you ever find yourself arrested for a misdemeanor or even a felony and you don’t have the resources to hire a private sector attorney, you can be represented by a public defender. Generally, over 80% of all Milwaukee County defendants are represented by public defenders. In other words, almost anyone charged with an offense is entitled to legal representation for no charge. The state pays the legal fee. Enter attorney Jeff Schwarz and the platoon of public defenders. How did this all come about? The Wisconsin State Public Defenders Office (SPD) was created by statute in 1965. Until 1972, the office consisted of one attorney, an employee of the Wisconsin Supreme Court, who represented persons who could not afford a lawyer. At that time, several Wisconsin counties paid private sector lawyers to represent poor people charged with crimes. Then, in 1979, the legislature provided funding to add a number of state-employed public defender attorneys. That funding program was supposed to end in late 1985. Instead, the State Public Defenders responsibilities were expanded to the entire state. Tom Reed, the Regional Attorney Manager for State Public Defenders Milwaukee district, manages the SPD’s largest office. A graduate of Northwestern University and the Cornell Law School, he has been a Wisconsin public defender since 1982. “I oversee all the adult appointments in the Milwaukee system,” he said. “In our Milwaukee office, we have roughly 60 attorneys and an additional 200 private practice attorneys who are certified to take public defender appointments, but the number actually taking cases is much smaller. In addition, we have an appellate division of 20 lawyers who handle post-conviction matters like appeals.” The SPD Milwaukee district also includes a full staff of investigators, paralegals and social workers who assess mental health records and other issues. Reed added, “The majority of our clients are people of color. Some of them have addiction problems or mental health issues or traumatic personal backgrounds. They want a lawyer who cares about them personally, regardless of skin color.”
WHAT HAPPENS WITH A FELONY CHARGE? Public defenders generally represent several types of cases: misdemeanors, felonies, juvenile and mental health crimes. Misdemeanor crimes include simple assault, shoplifting, trespassing, disorderly conduct, petty theft and even domestic violence. The penalty can be a maximum of one year, but not prison time. Felonies include theft, fraud, sexual assault and serious crimes of violence including homicide. A felon’s punishment can be a year or more in prison. Jeff Schwarz has devoted most of his adult life to defending the indigent. He grew up in Chicago area, did his undergrad degree at UW Madison, took a year off, then graduated law school at Madison. Right out of school, he went to work for the Milwaukee public defender office, and he has been there ever since. Trauma stalks his job. “Most of my clients have been through a lot of background trauma, perhaps physical or sexual abuse, emotional abuse, in other words, significant drama,” he said.
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