Crackdown on Wisconsin court order violations stuns lawyers, analysts

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- Led by Dane County, the state’s most-used criminal charge — bail jumping — is becoming far more common, even as crime falls.
- Wisconsin is one of seven states that allow prosecutors to file additional charges if people violate a wide range of pretrial release conditions while a case is pending in court.
- Some prosecutors say defendants are to blame for the spike, while other attorneys say prosecutors are using the charge to pad the case numbers or as leverage to secure guilty pleas.
- Most states issue criminal charges only for a narrower set of violations, resulting in exponentially fewer charges.
Following a decades-long explosion of Wisconsin prosecutors charging people for violating court-ordered rules, defense attorneys and civil rights advocates are raising alarm and calling for new limits on the practice.
Wisconsin is one of seven states that allow prosecutors to file additional charges if people violate a wide range of pretrial release conditions while a case is pending in court. These rules can include avoiding certain places, abstaining from alcohol, taking drug tests or obeying a curfew.
Neighboring Minnesota is among the majority of states that issue criminal charges only for a narrower set of violations, resulting in exponentially fewer charges. But in Wisconsin, the number of charges filed by prosecutors has grown dramatically over the past two decades and has accelerated further in recent years — even as crime rates fell.
Prosecutors filed more than four times as many of these charges in 2024 as they did in 2000, making these violations by far the most common criminal charge in Wisconsin’s courts. The charges appeared in one of every four felony cases opened last year, and one in every seven misdemeanor cases, according to court system reports.
Some prosecutors say defendants are to blame for the spike, while other attorneys say prosecutors are using the charge to pad the case numbers. In funding requests to state lawmakers, prosecutors have long cited growing caseloads — driven in part by violations of release conditions — to justify needing more resources.
Defense attorneys and civil rights advocates say prosecutors are also exploiting Wisconsin’s laws to amp up pressure on people to plead guilty. Under state law, a single violation of release conditions can lead to multiple new charges being filed if the person has multiple cases pending.
Wisconsin’s public defender’s office has struggled for decades to recruit enough staff and private attorneys to take all of its cases. The office argues the growing number of charges related to court-order release conditions is now further exacerbating that challenge.
Deputy State Public Defender Katie York said her office has seen individual cases with dozens of counts — sometimes 70 or more — creating complexity that discourages private attorneys from accepting indigent clients’ cases, which could lighten the load for public defenders.
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Wisconsin is an outlier in expansive, aggressive bail jumping charges
In the past five years alone, Wisconsin prosecutors have filed bail jumping charges about 250,000 times, according to state court system figures.
Michael Rempel, who studies the effectiveness of criminal justice strategies at the John Jay College of Criminal Justice in New York, was stunned to learn from the Cap Times that violating release conditions was the most common charge in Wisconsin. Most states allow these charges only in more limited circumstances.
“I’m shocked,” Rempel said. “It sounds like it would be worth evaluating this practice, and my hypothesis would be that it might have some unintended negative consequences.”
Criminal justice research supports the practice of imposing “intermediate sanctions” on people who violate release conditions, but those sanctions need not be severe, Rempel said. In fact, “overly onerous supervision” can be counterproductive — exposing people to more charges and making them more likely to be charged with a crime again in the future, he said.
In Dane County, prosecutors filed more than twice as many of the charges in 2024 as in 2018. Ismael Ozanne, the county’s district attorney, has defended his office’s increasing use of the charges as an important tool to help keep the community safe. Last year, the county’s prosecutors filed more felony-level charges over release conditions than prosecutors in any other Wisconsin county. That includes Milwaukee County, where the population is about 60% larger.

“The real question is, why are people violating their conditions of bail?” Ozanne said. “If someone is violating their bail — basically disregarding the order of the court — how would the community want us to address that?”
Still, Ozanne said he’s open to considering changes. He said Dane County is already evaluating other law enforcement practices through a Community Justice Council, which includes a committee examining pretrial release.
“This topic does come up every so often, and it’s something that we should actually look at,” Ozanne said.
“Are there conditions or things that we can do in the community that may help an individual not violate their bail conditions?” Ozanne added. “But I don’t think we’re in a position to say that they can have no bail conditions.”
‘Racking up felony counts’
In Wisconsin courtrooms, the charge for violating court-ordered release conditions is called “bail jumping.” Though the term may call to mind images of criminals skipping town to evade justice, state law uses a far broader meaning.
In most other states, bail jumping applies only to people missing their court dates. In some states, the law is even narrower, limiting the charge to people who intentionally skip court dates or don’t return to court within a set amount of time.
On the books since 1969, Wisconsin’s law says prosecutors may charge people with felony-level bail jumping for violating release conditions that stemmed from another felony-level charge. They may file misdemeanor-level bail jumping charges for violations related to a misdemeanor case.
From 2020 to 2024, Wisconsin prosecutors filed nearly 250,000 bail jumping charges, according to state court system figures. During the same period, Minnesota’s court system reported prosecutors filing 336 charges for failure to appear and 636 charges for willfully disobeying a court mandate, the only potential charges for violating bail conditions in that state.

York, the Wisconsin public defender, said some of her office’s clients have dozens of pending bail jumping charges. Those charges don’t necessarily send people back to jail or in front of a judge, though.
“You’re not so dangerous that your bail needs to be revoked, but yet you keep on racking up felony counts for either non-criminal behavior or low-level (criminal) behavior,” York said.
In 1998 and 2008, Wisconsin courts twice confirmed that prosecutors may file multiple bail jumping charges for violating the conditions of a single bond — if the defendant violated multiple conditions or had multiple pending cases. Since those rulings, bail jumping charges have proliferated in the state.
In the last three years, Wisconsin prosecutors have filed an average of nearly 50,000 charges a year for misdemeanor or felony bail jumping. That’s about twice the rate of another commonly charged crime in the state: disorderly conduct.
Three years ago, the nonprofit Wisconsin Justice Initiative found that in most of the counties it studied, more than a third of felony cases included at least one bail jumping charge.
‘Weaponizing our statutes’
Amanda Merkwae, advocacy director at the ACLU of Wisconsin, said some court-ordered release conditions are worth enforcing but only in limited situations, like when the conditions aim to protect a victim.
“There is a clear, good public policy reason why that could be a condition of bail,” Merkwae said. “I just wish that … as prosecutors wield the enormous power that they have in making charging decisions under our existing statutes, that those narrowly tailored decisions could be made instead of just weaponizing our statutes into forcing folks to plead to underlying charges they otherwise wouldn’t.”
Defense attorneys say bail jumping charges give prosecutors more leverage to pressure a defendant to plead guilty since the new charges can come with more jail or prison time than the original charges. Under state law, each felony bail jumping conviction may result in up to six years in prison.
“We’ve seen cases where a person goes to trial on the underlying case and gets a not guilty (verdict), but they still are saddled with a felony because of the felony bail jumping,” York said. “That feels inherently unfair, especially when you’re talking about a felony. Now you can’t possess a firearm. Now you have all of the other restrictions that come along with being a felon.”
Bail jumping charges can be easier to prove than underlying charges, depending on the evidence or witnesses needed in the original case. Presented with all their charges, some defendants plead guilty to an underlying charge in exchange for prosecutors dismissing some or all of the bail jumping charges, Ozanne said. In Dane County, more than eight in every 10 bail jumping charges are dismissed.
While about 96% of Dane County criminal cases are resolved by plea deals, Ozanne disputes that bail jumping charges are driving those pleas.
“I think there is, frankly, a high frequency of people accepting responsibility and looking to get on with their lives and hopefully, at some level, looking to repair harm,” he said.
Wisconsin State Public Defender Jennifer Bias disagrees with that view, calling the growth of bail jumping charges “great overreach” by prosecutors.
“They do dismiss an inordinate number of them, but I feel like that’s because they’re charging an inordinate number,” Bias said. “How much work would we take out of the system if we could find a different way to deal with that alleged behavior?”
‘I have not trumped out more bail jumping’
Ozanne disputes that prosecutors are filing more bail jumping charges in an effort to inflate their case counts when requesting funding, a concern raised by the state Legislature’s nonpartisan auditing agency.
“I’ve been indicating that we are understaffed since I took office in 2010. I have not trumped out more bail jumping as an indication … that we need more prosecutors,” Ozanne said. “We don’t have the time to generate more cases just to show that we have a need for bodies.”

Ozanne said a more likely reason for the spike in bail jumping charges is the COVID-19 pandemic, which shuttered the county’s courthouse for more than a year and delayed many trials. At the height of the backlog, the average time to resolve a felony case grew to 11 months, nearly twice the average before the pandemic.
Craig Johnson, board president of the Wisconsin Justice Initiative and longtime Wisconsin defense attorney, said Ozanne’s explanation is plausible, though it’s hard to know without examining individual cases.
“It’s somewhat common sense that if a person is out on bail for two years, and it takes that long to get their case resolved, there’s a higher possibility that they will violate a condition of release here or there than if their case is resolved in a shorter period of time,” Johnson said.
Still, he said, the reason could be that prosecutors discovered “a very potent tool.”
“It’s sometimes too good for them to pass up,” Johnson said. “For a prosecutor, it’s a way to make sure that they’re going to bring that case to a close and not have to get contested at a jury trial.”
Bias doesn’t buy Ozanne’s pandemic explanation. She questioned why the number of bail jumping charges would remain at elevated levels in 2023 and 2024 after the court cleared its backlog of cases.
“If that’s true, we would absolutely see the trends going back down,” Bias said.
‘Maybe this isn’t working’
Vernell Cauley and Tyrees Scott have each been charged with multiple bail jumping charges in Dane County. They now work in jobs supporting other formerly incarcerated people and view the surge in charges over release conditions as exploitative.
Cauley is a peer support specialist with EXPO Wisconsin, an advocacy group made up of formerly incarcerated people. Cauley said many people sign release agreements without realizing how many rules they must follow. Cauley said the additional charges were enough in some of his cases to convince him to plead guilty.
“The stack of charges creates the sense of more fear, more thoughts of not being able to get out of the situation,” Cauley said. “It’s a way to keep people oppressed.”
Scott, a peer support specialist with Madison nonprofit Just Dane, said Dane County prosecutors are “notorious” for filing bail jumping cases to pressure defendants.
“When they get to adding up all that time, you get a little nervous and scared so then you’ll take whatever they give you,” Scott said.

For a 2020 report on the rise in bail jumping charges, the Cap Times spoke to a Madison man who, as a teen, racked up around nine bail jumping charges for missing court-ordered appointments or getting caught with drugs. He said he didn’t have a car to get from Stoughton to his appointments, and he wasn’t offered drug treatment until he was later transferred to drug court.
Sometimes the new charges would send him back to jail. Nearly everyone he met in jail had been charged with bail jumping too, he said.
It’s a familiar scenario to York, the deputy state public defender. She said the reason many people violate conditions of their release is because they’re poor, dealing with addiction or don’t have adequate transportation.
“A lot of the bail jumping (charges) stem not from this intentional thwarting of the rules, but from the realities of the place in the world that our clients live in,” York said. “We’re filling up jails and prisons and putting in more roadblocks for our clients to get into a successful place.”
Bail jumping has twice drawn attention from state lawmakers in recent years but led to no changes in state law either time.
In 2019, a bipartisan group of legislators proposed eliminating felony-level bail jumping and reducing the maximum penalty for a misdemeanor bail jumping conviction. The bill would also have limited the charge to intentionally missing a court date, or violating an order to avoid a certain place or person.
Four years later, Republican lawmakers called for setting a minimum bail amount of $5,000 for people previously convicted of bail jumping. That legislation followed a high-profile attack in Waukesha. A man who had been previously charged with bail jumping plowed his SUV into the city’s Christmas parade, killing six.
Neither the bipartisan bill nor the Republican legislation gained enough support to pass the Legislature. In the coming months, the Legislature will be back in Madison debating the state’s next two-year budget, including how much funding to allocate for prosecutors and public defenders.
York said she’s holding out hope that state lawmakers could one day narrow the scope of bail jumping to reduce how often it’s filed or reduce the severity of charges.
“It’s probably costing taxpayers a lot of money to do all of these additional prosecutions,” York said. “So I’m hopeful that people will realize maybe this isn’t working and we need to rethink it.”
The Cap Times produced this report in collaboration with Wisconsin Watch, a nonprofit, nonpartisan newsroom.
Crackdown on Wisconsin court order violations stuns lawyers, analysts is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.