Story originally printed in the La Crosse Tribune or online at www.lacrossetribune.com
Published - Sunday, November 18, 2007
Day 1: Trials are fewer, but costs are on the rise
Despite a decreasing number of trials, La Crosse County has more than doubled its trial budgeting and spending in the past decade, mostly due to a dramatic increase in court-appointed attorney costs.
Though the county doesn’t have a specific trial budget, costs for juries, witnesses, interpreters and court-appointed attorneys make up the majority of what is spent for trials, said La Crosse County Clerk of Courts Pam Radtke.
In 2006, the county spent nearly $369,000 on 40 trials: about $55,000 for jurors, $24,000 for witnesses and interpreters and $290,000 for attorney fees.
In comparison, less than $154,000 was spent in 1997 on about 70 trials: about $74,000 for jurors, $28,000 for witnesses and interpreters and $51,000 for attorney fees.
The fees pay attorneys to represent defendants who don’t qualify for a public defender but can’t afford to hire an attorney.
It’s frustrating, Radtke said, because the public defender’s office was created to alleviate the cost of court-appointed attorneys.
The income guidelines to qualify for a public defender have not been raised since 1987, Radtke said. “That’s an ongoing problem that a lot of people have been talking about,” she said.
Defendants repay about half of what the county pays for court-appointed attorneys, Radtke said. Judges can order defendants pay monthly installments of $25 to $100.
Though the budget for court-appointed attorneys has increased by more than $215,000 in 10 years, the money allotted for jury members has gone down by $31,000 in the same period.
A 1977 Wisconsin law requires counties pay jurors a minimum of $16 a day. La Crosse County jurors receive $25 a day or $12.50 for half a day — a rate that also hasn’t changed much in a decade, Radtke said.
The jury budget also went down after jury selection went from weekly to twice monthly in 2004, Radtke said. Judges began sharing jurors as well, stacking more trials and seeing cases settled more quickly, Radtke said.
Civil cases also now have mandatory mediation, which did not exist a decade ago.
Laws have changed, too, in the past decade, including truth-in-sentencing taking effect, Radtke said. “There are just so many factors,” she said.
Since she was first elected in 1997, Radtke has planned the budget based on averages from previous years, input from the judges, direction from the county finance department and discussions with La Crosse County Administrator Steve O’Malley.
Because it’s impossible to predict the crimes that will happen each year, the county can easily underbudget or overbudget. For example, the county budgeted $159,000 for attorney fees in 2005, but spent more than $253,000. The amount was raised to $260,000 the next year, only to see expenses go up to $290,000.
If expenses exceed what’s budgeted, money is appropriated from the county’s contingency fund, O’Malley said.
Any excess money goes back into the general fund, he said.
La Crosse County felony trials in 2005 and '06
Felony cases that end in a jury trial are rare in La Crosse County, but it does happen. Here are the verdicts juries returned on the
19 trials for felony cases filed in 2005 and 2006.
State v. Thomas Anderson
May 16, 2005: Found not guilty of third-degree sexual assault.
State v. Darius Martin
July 27, 2005: Found guilty of disorderly conduct and not guilty of substantial battery.
State v. Jessie Bennett
Sept. 28, 2005: Found guilty of threats to injure and battery or threat to a judge and not guilty of battery or threat to a judge. The case is being appealed.
State v. Jackie Gage
Sept. 29, 2005: Found guilty of two counts of first-degree sexual assault of a child.
State v. Curtis Pearson IV
Nov. 29, 2005: Found guilty of three counts of manufacture/deliver cocaine, two counts of possession of cocaine with intent to deliver and falsely present an uncontrolled substance.
State v. Jerry Carter
Dec. 13, 2005: Found guilty of second-degree sexual assault of a child. The case is being appealed.
State v. Anthony Jones
Feb. 15, 2006: Found not guilty of two counts of first-degree recklessly endangering safety, armed robbery with threat of force and bail jumping.
State v. Steven Potter
Feb. 17, 2006: Found not guilty of stalking.
State v. Jeremy Reed
April 12, 2006: Found not guilty of second-degree sexual assault.
State v. Chad Turner
May 9, 2006: Found not guilty of second-degree sexual assault.
State v. Monte Semlar
June 27, 2006: Found guilty of four counts of second-degree sexual assault and manufacturing/delivering THC.
State v. Erwin Beckom
July 12, 2006: Found guilty of possession of cocaine.
State v. Stephen Luedke
July 26, 2006: Found guilty of second-degree sexual assault and false imprisonment.
State v. Robert Morin
Aug. 16, 2006: Found guilty on one count of first-degree sexual assault of a child and not guilty on one count of first-degree sexual assault of a child. This case is being appealed.
State v. Matthew Thompson
Sept. 7, 2006: Found guilty of third-degree sexual assault and not guilty of intimidation of a victim.
State v. Matthew Dunn
Sept. 27, 2006: Found guilty of third-offense operating while under the influence.
State v. Daniel Bolstad
Sept. 28, 2006: Found guilty of second-degree sexual assault.
State v. Karen Peterson
July 11, 2007: Found guilty of child neglect causing death.
State v. Edwin Beckom
July 24, 2007: Found guilty of retail theft, disorderly conduct, resisting or obstructing an officer and bail jumping, and not guilty of battery to a law enforcement officer.
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