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Allocation of Prosecutor Positions

Department of Administration

Legislative Audit BureauOctober 2007

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State Courts and Prosecutors

1989 Wisconsin Act 31 made county prosecutors state employees

Criminal cases in circuit court are their primary focus

State Prosecutors Office in DOA is responsible for administrative duties

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State Expenditures for District Attorneys’ Offices

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Program Revenue-Funded Prosecutor Positions, July 2006

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Changes in Staffing Levels and Caseloads

Authorized positions have declined 4.4 percent since 2002

Population has increased 3.7 percent

Arrests have declined 5.9 percent

Criminal caseload has increased 11.5 percent

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Criminal Caseloads 2001 through 2005

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Weighted Caseload Formula

1,227 hours per year per available prosecutor

Case weights range from 100 hours for Class A

homicides to 1.68 hours for criminal traffic

cases

Three years of caseload data generate average

annual prosecutor need in each county

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Current Estimated Positions Needed

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Current Staffing as a Percentage of Estimated Need

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Caseload Formula Data Concerns

Cases with no initial appearance are not included in the formula

Hours allocated to review of referrals are inadequate

Charging practices vary among the counties Cases charged as felonies may be amended to

misdemeanor status

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Recommendations to Improve the Caseload Formula

Implement short-term improvements to the weighted caseload formula

Improve the source of referral data

Plan a time study to more accurately measure time available and time spent prosecuting cases

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2006 Prison Locations and Inmate Populations

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Inmate Crimes Referred for Prosecution in Selected Counties

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Court Structures and Policies

Court structures and policies are established by the judiciary

Specialized courts, employment of court commissioners, and judicial rotations all affect prosecutorial staffing strategies

State Prosecutors Office should facilitate the sharing of best practices among prosecutors’ offices and the courts

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Law Enforcement Staffing Levels

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County-Funded Support Staff

Counties receive some state support for victim-witness staff

Counties fund varied levels of staff to provide support services

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Special Prosecutors

Courts appointed 42 paid special prosecutors in 27 counties

Some expenditures for special prosecutors appear inconsistent with statutory conditions

We recommend the Legislature consider clarifying the statutory conditions under which special prosecutors may be appointed and paid by the State

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Legislative Considerations Add new positions Lessen prosecutors’ workloads Reallocate current positions Develop methods to effectively address

staffing needs in smaller counties or when an unexpected workload increase occurs

Explore “floating” positions or expanded use of existing alternatives

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Allocation of Prosecutor Positions

Department of Administration

Legislative Audit BureauOctober 2007