By Gretchen Schuldt

​District Attorney John Chisholm says he will push for a statewide initiative that would increase state aid to counties that successfully reduce the number of people they are sending to state prisons.

He also said that the high turnover rate among attorneys and support staff in his office "is the single biggest administrative challenge I face."

On the prison alternative initiative, Chisholm, the Milwaukee County prosecutor, said that other states, such as Minnesota and Oregon, "have engaged in this work and have seen dramatic improvements in their criminal justice systems."

Minnesota had about 10,000 prison inmates as of July 1, 2018; Oregon had about 15,000; and Wisconsin had about 24,000, according to figures from each of those states.

The initiative, if it is to work, would require more equitable state revenue sharing and commitments from counties to develop alternatives to incarceration, Chisholm said. 

Under the plan, the state would absorb the cost of a certain number of new inmates from each county.

"If they (the counties) send more than their share, then they have to pay the costs associated with it," he said. A state-county cost share already exists in the juvenile corrections area. 

By Gretchen Schuldt

​District Attorney John Chisholm said this week that he favors marijuana legalization if there are adequate implementation and regulatory structures in place.

"Let's come up with the best legal framework for allowing people to possess marijuana much as they do alcohol and tobacco," he said during an interview. 

If he can find the funding, Chisholm said, he would like to hold a one-day symposium in Milwaukee to explore how other states handled legalization implementation, the challenges they faced, and what they learned from their experiences.

Thirty-three states and the District of Columbia have legalized cannabis to some extent. 

Wisconsin still is a full prohibition state. Second offense possession of marijuana of any amount still is a felony in the state.

Voters in 18 November referendums around the state indicated they favor cannabis legalization. Milwaukee County voters in every municipality favored legalization of recreational marijuana for adults. 

Chisholm says he favors full legalization over an incremental approach. The state should ensure, before legalization takes effect, that the infrastructure is in place to ensure successful implementation and that cannabis tax revenue is distributed as intended. 

Downsides to legalization, he said, could include impaired driving, and negative impacts on school performance and health, he said.

"We just have to be cognizant of that," he said.

In the meantime, he said, his office will continue to use alternatives to prosecution, including diversion efforts and defaulting to municipal tickets instead of criminal prosecutions, to reduce the number of marijuana cases flowing through the court system.

He said he would prosecute some cases, though, "until the law is changed." 

As a prosecutor, he said, he has significant discretion, but "it's got to be based on a rational basis." 

He can't decide simply to not enforce the law, he said.

"I'm not a super legislator," he said.