Wisconsin One Step Closer to Expanding Eligibility for Indigent Defense

The Wisconsin State Senate just passed a bill to update the eligibility limits to qualify for a state public defender from their current 1987 levels to 115% of the federal poverty line (from the State Bar of Wisconsin). The existing limits are the strictest in the country, and end up shifting the bulk of the financial responsibility for indigent defense onto the counties. The Capital Times had a good summary article last week on the current state of the limits, some recent attempts at updating them, and the consequences that have resulted from outdated standards.

The action taken by the Senate does not ensure success for the bill – it must still be passed by the Assembly, and the Governor vetoed a budget bill last summer that contained a nearly identical provision. However, the bill’s authors are hopeful because the financial burdens will not be felt until fiscal year 2011.