- Complaint (Aug. 23, 2022)
- Amended Complaint (Dec. 16, 2022)
- Exhibits (Dec. 16, 2022)
- Notice of Motion for Class Certification (Feb. 1, 2023)
- Declaration of Sean H. Suber in Support of Plaintiffs’ Motion for Class Certification (Feb. 1, 2023)
- Memorandum of Law in Support of Plaintiffs’ Motion for Class Certification (Feb. 1, 2023)
The suit alleges violations of the right to counsel and requests class certification on behalf of all individuals in the state waiting 14 days or more to have a lawyer assigned to their case and seeks relief including:
- Declaring the delays in receiving appointed counsel violate the right to counsel under the United States and Wisconsin Constitutions.
- Enjoining the state from administering the current public defense system insofar as it deprives eligible individuals from timely receiving counsel.
- Directing the establishment of a constitutional public defense system.
- Directing the State Public Defender to move to dismiss the cases of those without counsel on the basis that their right to counsel is violated when counsel is not promptly provided.
- Class action lawsuit calls out lack of state public defenders by Evan Casey, Wisconsin Public Radio (August 24, 2022)
- Defendants waiting too long for public defenders are entitled to dismissal of charges, suit says by Debra Cassens Weiss, ABA Journal (August 25, 2022)
- Video: The Sixth: Public Defender Shortage by Andy Pierrotti, Investigate TV (Dec. 5, 2022)
- Shortage in public defense attorneys delay court proceedings for defendants by Daniel Gomez, WEAU News (Dec. 8, 2022)
- Why Wisconsin courts need more prosecutors, public defenders by Nathan Denzin, PBS Wisconsin (Jan. 12, 2023)
NACDL in Wisconsin
State v. Nhia Lee
- Wisconsin Supreme Court Order Dismissing Appeal as Improvidently Granted (May 22, 2022)
- NACDL Amicus Brief in Support of Nhia Lee (Aug. 12, 2021)
- State v. Nhia Lee 955 N.W.2d 424 (Jan. 20, 2021) Court of Appeals Opinion, reversing the trial court and remanding the case for further review in light of the Court’s ruling.
2018 Assigned Counsel Rate Petition
- NACDL Public Comment in Support of Rate Increase (May 2018)
- Press Release (May 16 2018)
- Press Release (June 28, 2018)
Wisconsin Bail Manual (October 2018)
Other Public Defense System Litigation of Note
David v. Missouri 20AC-CC00093 (Cole County Cir. Feb. 6, 2023) judgment holding “the State fails in its obligation to provide counsel when it fails to provide counsel . . . within . . . [a] two week period, as such a failure falls below the minimal obligation placed upon the State to appoint counsel within a reasonable time after attachment.” The Court found delays of assigning counsel of more than 2 weeks violated the Missouri Constitution’s right to counsel. Although the state currently has no individuals on its waiting list, the court nevertheless recognized the “history of providing defense counsel for indigent defendants in Missouri is replete with claims of inadequate resources for providing effective representation,” making it critical to address the future use of waiting lists.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!