Citizen Wausau

WI Works funds diverted to district attorney offices

by Peter Rotter on October 20th, 2009

This a letter that I sent to various newspapers around the state. I think that it is an important enough issue that it be posted on Citizen Wausau as well.

Yesterday I wrote very angry letters to Wisconsin Legislators, especially my own, Russ Decker and Donna Seidel, and including Jerry Petrowski and a slew of others.

I investigated further and discovered that my anger and outrage had only scratched the surface. I was originally upset because they snuck a utility surcharge into the budget and used the money to pay district attorneys.

What first made me angry was my belief that the money should have gone to the woefully underfunded State Public Defender, especially those private attorneys taking assigned counsel cases (namely me).

On further investigation I discovered that the utility surcharge was
originally inserted to fund Wisconsin Works, one of the remnants of our State Assistance to the poor. At the last moment the Senate inserted the language directing all of that money to already employed and salaried attorneys for the state. This amounts to literally taking bread out of the mouths of the destitute to fatten the wallets of state attorneys. I am ashamed of myself for ever wanting any of that money. I see it now for what it is — blood money.

We should all be ashamed of ourselves for allowing this to happen.
Indigent criminal defense is constitutionally mandated, and it should be fully funded, but not by diverting money originally raised to provide other essential services for the poor.

Here is the text of the law:

30. PUBLIC BENEFIT FEES FOR WISCONSIN WORKS

Joint Finance: Require the Department of Administration to ensure that electric utilities charge customers an additional $9,139,700 annually for deposit into the public benefits fund for maintenance of effort in the Wisconsin Works program. Require DOA to include in its calculation of low-income assistance fees the collection of this additional amount. Specify that these additional fees would not be subject to the current caps, which specify that a customer may not be assessed more than the lesser of 3% or $750 per monthly bill.

Specify that this fee applies only for the 2009-11 biennium.

Senate/Legislature: Specify that this additional fee would be used to support salaries and fringe benefits for district attorney offices rather than the Wisconsin Works program.

[Act 28 Sections: 64m, 542p, 542s, 9101(1f), 9113(6x) and 9413(2x)]