1 Allocation of Prosecutor Positions Department of Administration Legislative Audit Bureau October 2007

2 State Courts and Prosecutors u 1989 Wisconsin Act 31 made county prosecutors state employees u Criminal cases in circuit court are their primary focus u State Prosecutors Office in DOA is responsible for administrative duties

3 State Expenditures for District Attorneys’ Offices

4 Program Revenue-Funded Prosecutor Positions, July 2006

5 Changes in Staffing Levels and Caseloads u Authorized positions have declined 4.4 percent since 2002 u Population has increased 3.7 percent u Arrests have declined 5.9 percent u Criminal caseload has increased 11.5 percent

6 Criminal Caseloads 2001 through 2005

7 Weighted Caseload Formula u 1,227 hours per year per available prosecutor u Case weights range from 100 hours for Class A homicides to 1.68 hours for criminal traffic cases u Three years of caseload data generate average annual prosecutor need in each county

8 Current Estimated Positions Needed

9 Current Staffing as a Percentage of Estimated Need

10 Caseload Formula Data Concerns u Cases with no initial appearance are not included in the formula u Hours allocated to review of referrals are inadequate u Charging practices vary among the counties u Cases charged as felonies may be amended to misdemeanor status

11 Recommendations to Improve the Caseload Formula u Implement short-term improvements to the weighted caseload formula u Improve the source of referral data u Plan a time study to more accurately measure time available and time spent prosecuting cases

Prison Locations and Inmate Populations

13 Inmate Crimes Referred for Prosecution in Selected Counties

14 Court Structures and Policies u Court structures and policies are established by the judiciary u Specialized courts, employment of court commissioners, and judicial rotations all affect prosecutorial staffing strategies u State Prosecutors Office should facilitate the sharing of best practices among prosecutors’ offices and the courts

15 Law Enforcement Staffing Levels

16 County-Funded Support Staff u Counties receive some state support for victim- witness staff u Counties fund varied levels of staff to provide support services

17 Special Prosecutors u Courts appointed 42 paid special prosecutors in 27 counties u Some expenditures for special prosecutors appear inconsistent with statutory conditions u We recommend the Legislature consider clarifying the statutory conditions under which special prosecutors may be appointed and paid by the State

18 Legislative Considerations u Add new positions u Lessen prosecutors’ workloads u Reallocate current positions u Develop methods to effectively address staffing needs in smaller counties or when an unexpected workload increase occurs u Explore “floating” positions or expanded use of existing alternatives

19 Allocation of Prosecutor Positions Department of Administration Legislative Audit Bureau October 2007