MADISON (WSAU) The Wisconsin Supreme Court will wait awhile before deciding whether low-income defendants in civil lawsuits should have tax-funded lawyers. A majority of the court’s seven justices rejected a request from Legal Action of Wisconsin, which represents poor people in court.
Chief Justice Shirley Abrahamson tried several times to re-word the proposal so that judges would have full discretion in deciding whether litigants need public attorneys. Abrahamson said it’s important to help those defendants, as they face everything from the termination of parental rights to apartment evictions to home foreclosures. But Justice David Prosser said financially-strapped counties cannot afford the higher number of attorneys needed. And Prosser said it’s not responsible for the state to just pass the cost onto the counties.
Prosser said the Supreme Court should look at other ways to help civil defendants who cannot afford lawyers. The court will discuss that during its next open conference in November.
