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Published - Sunday, November 18, 2007

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Day 1: Trials are fewer, but costs are on the rise


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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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down2512 wrote on Nov 19, 2007 12:39 PM:

" oops! for real i did not intentionally write public pretender, i know i was thinking it but for the purpose of my comment i truly, with God as my witness, meant to write public defender. sincere apologies to anyone offended or put off by that word. "

down2512 wrote on Nov 19, 2007 12:36 PM:

" I wish I could tell you what I personally KNOW FOR SURE! about the system of justice in La Crosse County, it would cause mutiny! I don't know if there is justice in the original and true sense of the word here. Our courts operate on a plead it out forum - there is absolutely no doubt about it. If the accused in this area ever found out who their court appointed defense attorney or public pretender did their pro bono/volunteer work for we'd be spending a fortune to bring ones in with no existing "feelings" or obligations whatsoever. The judicial picture here is skewed, murky, biased...unclean. I pray the newly seated judges will change that and do their work in the manner and intent of it's very creation. "

chief5151 wrote on Nov 19, 2007 7:04 AM:

" Hey Big Spender, I am not sure what you think attorneys make but I assure you that most are underpaid. Starting salaries in this community are around $35-45K. When you graduate from law school with $120K in student loans (which is the average), not too many are getting rich. Top attorneys make good money because they deserve it. Trust me no one is getting rich taking court appointed cases. We reduce our fees to about 1/3 of normal rates to accomodate state guidelines. Judges make a decent living because those are our best attorneys and most take a serious pay reduction to leave private practice to become judges. "

jeremy wrote on Nov 18, 2007 4:15 PM:

" Big Spender: You're right, Americans are scrambling to pay their bills. But for many, it's because they are trying to live a lifestyle that isn't supported by their paycheck. They want everything, buy everything, put it on a credit card, and magically think it'll disappear. Amercians need to learn to live within their means, something that the current society does not know how to do. You can't have everything and not pay for it. You can't live paycheck to paycheck, and not expect it to catch up with you sometime. "

jeremy wrote on Nov 18, 2007 4:09 PM:

" Ken and Big Spender: Since this system is SO BROKEN, what would you suggest we do to fix it? It's easy to bitch and complain, like you guys always do. But if you realy want something to change, fight for a specific change. Don't just tell me the system is broken, because according to you 2, everything is broken. "

Ken wrote on Nov 18, 2007 5:38 AM:

" In this wonderful justice system where only the guilty are charged and convicted are the people who are falsely accused and "plea bargain" to avoid the front page accusations and family embarrassment. I know, "Everyone in jail is innocent" or so the saying goes, but the facts are that since 2000, there have been 145 exonerations where DNA has been used with the average length of time served by exonerees is 12 years, but what about the crimes where there is no DNA? There are still innocent people. Just look on this page at the not guilty people. (Who are on the front page for nothing) It could happen to anyone. "

Big Spender wrote on Nov 18, 2007 2:45 AM:

" This country will soon be in a serious depression, so something will have to give. Lawyers, judges, and administrators are going to have to get used to lower incomes like the rest of us. The economic bubble that started around 1950 will pop within a few years, or even in a few months...we are already seeing shaky signs. The party's over, folks, all your spending habits must change. Retrenchment is here! "More Americans scramble to stretch paychecks" http://www.msnbc.msn.com/id/21380215/ "


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