The Milwaukee County Courthouse (Photo by Isiah Holmes/Wisconsin Examiner)

If your local court is struggling with a backlog of cases then help is on the way — except for people living in Milwaukee County. Although initially included in a Republican effort to fund more legal staff statewide, Milwaukee was largely removed from a bill authorizing additional circuit court and criminal justice system positions, in a move both Democratic and Republican lawmakers have said was purely political. 

On Thursday, lawmakers voted to pass the Assembly version of that bill (AB 514) during an Assembly floor session. Under its original form — authored by Sen. Eric Wimberger (R-Gillett) and Rep. David Steffens (R-Howard) — the bill would have provided Milwaukee County with funding for four assistant district attorney positions, four assistant state public defender positions, and six support staff positions for the Public Defender’s Office by 2028. 

That aid is sorely needed in Milwaukee, where courts are burdened by thousands of unresolved cases, Wisconsin Watch reported. The backlog creates situations where cases are dismissed, people are held in custody for excessive periods waiting for trial, and attorneys on both sides of cases are overwhelmed. “Justice delayed, justice denied,” is how Kent Lovern, Milwaukee County’s District Attorney, described the backlog’s consequences. Yet in late January, the bill was amended to cut assistance for Milwaukee except for additional assistant prosecutor positions. 

When questioned about the cuts during an early February Senate hearing, Steffens said “there were certain things that had to be done” in order to get unanimous support for the bill among his fellow Republicans. Other counties, including Waukesha, Green Bay, Menomonee, Kenosha, Richland, Sauk, Ozaukee, Washington, Jefferson, Eau Claire, and numerous others didn’t see cuts in the number of additional public defenders the bill supports. 

Since the COVID-19 pandemic of 2020, courts across the state have battled backlogs and staffing shortages. In August 2025, Wisconsin Watch reported, there was a backlog of 12,586 felony cases across the entire Wisconsin court system. Currently, according to Wisconsin Watch, there are over 10,000 unresolved felony cases in Milwaukee County’s court system.

Answering questions from Sen. LaTonya Johnson (D-Milwaukee), Steffens explained that the original bill was designed based on clear and “clinical” needs assessments. “However,” said Steffens, “there does become a period where politics sometimes gets involved. And the substitute that was passed, again unanimously in the Assembly, did reflect some of those political pressures.” Instead of ensuring Milwaukee’s justice system gets the resources it needs now, Steffens said there would be “a continued opportunity through the next budget” to accomplish that.

“People have different positions on things all the time, and we have to respond to that as bill authors,” said Steffens. “I will say this, though, with every piece of legislation we introduce we have an opportunity to do nothing, something, or everything. This is quite something. This will be the largest increase in well over 15 years for these positions. The people who have been working on this look at this as a historic opportunity. If you are looking for perfection in this bill, you will not find it.”

Steffens declined to say which Republican lawmakers did not want to support Milwaukee County’s court system.

In a statement to Wisconsin Examiner, State Public Defender Jennifer Bias stressed the need for more defense attorneys in the court system. “Wisconsin has a dire need for more public defender staff statewide,” Bias said in an emailed statement. “Even in its amended form, this bill is a big step in the right direction and has the full support of our agency.”

On the Assembly floor Thursday evening, Steffens said that over his nearly 12 years in the legislature, he has worked with the Republican majority (which he noted has maintained “nearly uninterrupted control” for 30 years) to pass new crime laws or measures to enhance existing crime laws hundreds of times. Steffens said he was unaware of how this would shape the court system, and that the thousands of case backlogs is a sign that he and other lawmakers have failed the court system. He recounted hearing about a man in the Brown County Jail, who claimed he was innocent, and spent over a year waiting his case to conclude. As a result, he lost his job, his wife, and his job.

“That’s not justice,” said Steffens. “The Constitution guarantees that every person shall be provided with a speedy trial. We’ve been denying that to people throughout this state. In Brown County alone, we have a backlog of 8,000 cases.” Steffens added, “I’m trying to make up for my errors, my failure as a legislator, and I hope you’ll join me.”

Recalling a colleague who said that the bill “is the cost of being a law and order state,” he declared, “it’s time to pay that bill, and we’re going to do it by hiring these people. So I hope you’ll all join me in supporting this bipartisan piece of legislation and making a substantial step forward in restoring some measure of justice for all the people in Wisconsin.”

After Steffens spoke a voice vote was called on the bill. Some lawmakers very audibly yelled “no!” but were unable to stop the bill from passing and being messaged to the Senate. 

Safety and support for everyone, except if you live in Milwaukee

“We see time and time again that Milwaukee County is blamed for its criminal activity,” Johnson said in frustration during an interview earlier this week. “We’re blamed for the rise in crime in other suburban areas, and other surrounding areas in Milwaukee, but this is a clear indication of why that continues to happen. Because when we have opportunities such as this…And I’m upset that other counties are getting these resources. If they need them, they deserve them. Milwaukee deserves those same measures of safety and security, too.” A spokesperson for Steffens said that he was unavailable for comment, and Wimberger’s office didn’t respond to Wisconsin Examiner’s request. 

Johnson said that the motivation to cut Milwaukee out of the court support bill stemmed from a conflict involving the district attorney’s office, public defender’s office and a court watch group called Enough Is Enough. The group is dedicated to Erin Mogensen, a 32-year-old Shorewood woman who was pregnant when a driver crashed into and killed her in 2023. Enough Is Enough monitors similar cases in the court system, and has issued reports suggesting that judges delivered sentences in reckless driving and fleeing cases that were more lenient than what prosecutors recommended. 

Last fall, two regional managers of the Wisconsin State Public Defender’s Office issued a letter to judges in the Milwaukee County Circuit Court’s criminal division accusing Enough Is Enough of being little more than “an extension of the DA’s office,” the Milwaukee Journal Sentinel reported. The defenders obtained 258 emails from a public records request, showing “extensive meetings” between members of Enough Is Enough and the Milwaukee County DA’s office. Current and former assistant district attorneys were involved in the meetings, and even worked to review and draft letters from Enough Is Enough addressed to the judiciary. The public defenders warned the judges to consider this when evaluating impact statements or the presence of Enough Is Enough. 

Both the group and the DA’s office pushed back against the public defenders’ accusations, the Journal Sentinel reported. Lovern acknowledged that he was approached by the group’s members in 2024, when he announced his bid for district attorney after John Chisholm retired. By the time Lovern became DA, Enough Is Enough had obtained 501(c)3 status. Lovern said he offered the group access where appropriate and assistance from his office. 

Rep. Bob Donovan (R-Greenfield) jumped to the group’s defense, accusing the public defender’s office of trying to intimidate and discredit what Donovan called a “volunteer” and “grassroots” organization. Donovan had backed Enough Is Enough since its inception, has focused on the issue of  reckless driving in recent years, according to the Journal Sentinel. Donovan didn’t respond to a request for comment for this story. 

“When we talk about how things in this building can be political,” Johnson told the Wisconsin Examiner, speaking of the state Capitol, “this is a perfect example of a petty argument between two factions of the court system can be interjected by somebody in the state Legislature that just takes this argument to a whole new [level].” 

The decision to strip the public defender positions from Milwaukee will only worsen the court backlog, Johnson said. “So you’re going to make things more complicated simply because you’re being petty,” she told the Examiner. “And what really pisses me off is the fact that we know in this building that if the rest of the state is taken care of with their needs, and the only entity that has a need is Milwaukee County, it will not get met. Because we’ve seen them slight Milwaukee County before…You don’t get to trump public safety for hundreds of thousands of people simply because you’re being petty, and petty politics is playing into this state Legislature, and their responsibility to an entire county.”