Public Attorneys in Wisconsin Paid Significantly Less Than Private Attorneys

Wednesday, May 3rd, 2023 -- 10:00 AM

(By Evan Casey, Wisconsin Public Radio) A new report from the Wisconsin Policy Forum found public attorneys across the state are being paid significantly less than private attorneys.

According to Evan Casey with Wisconsin Public Radio, that's led to a shortage of public defenders. That combined with a lack of experience is nearing what the state's bar association has a called a constitutional crisis.

Gov. Tony Evers' biennial budget proposal includes an additional $24.4 million for the State Prosecutors Office and $42.6 million for the Office of the State Public Defender in hopes to increase pay rates for both offices.

But it's unclear what the state Legislature's Republican-controlled finance committee will include in their own version of the budget. The Wisconsin Policy Forum report found that newly hired assistant public defenders and assistant district attorneys make an average starting salary of $56,659 per year.

That's an increase of about 15 percent since 2012, but inflation has risen more than twice as much in that same time period. In 2021, data from the U.S. Bureau of Labor Statistics found that the average pay for lawyers in Wisconsin was $115,336 a year, while public attorneys across the state make an average of $74,381 a year.

Recent law school graduates in private practice make more than $130,000 a year on average, according to 2021 data from the National Association for Law Placement. The average time it takes state prosecutors to resolve felonies and misdemeanors is also increasing.

The median felony was resolved in 152 days in 2013, compared to 241 days in 2021, while the median misdemeanor increased in time-to-resolution from 89 days in 2013 to 168 days in 2021, the report found. The report also said there's a need for more prosecutors.

There are currently 456 district attorneys, assistant district attorneys and deputy district attorneys working in the state, but the report said that number needs to increase to 577 full-time prosecutors to handle the workload across Wisconsin.

Public defenders in Wisconsin also make less than their peers nationwide. The average state public defender with 11 to 15 years of experience made $85,150 in 2021, compared to $101,145 nationally, according to the report. As a result, fewer people are applying for public defender positions.

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