Evers proposes to raise lawyer pay, tie it to inflation; plus marijuana language and more

By Gretchen Schuldt

​Gov. Tony Evers is proposing to grant a $30-an-hour pay hike followed by automatic pay increases to private attorneys who accept State Public Defender appointments to represent poor defendants in court cases, according to the governor's budget proposal.

"Wisconsin has the lowest reimbursement rate for private bar attorneys that represent indigent criminal defendants," the budget notes. "Under our system of due process, everyone has a constitutional right to legal representation yet the low reimbursement rate has caused major concerns as to whether all Wisconsinites are being properly represented."

The proposed budget would increase from $40 per hour to $70 per hour paid to the private attorneys. The increase would take effect Jan. 1, 2020. After that, the amount paid would be adjusted to reflect inflation.

​The initiative would cost $25.6 million over the two years of the biennium, according to the budget.

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As expected, the proposed budget would legalize medical marijuana and eliminate penalties associated with small amounts of recreational marijuana. Below are related excerpts from the budget.

Medical  Marijuana – The Governor believes it is time to join the 23 other states that have legalized medical marijuana. For many Wisconsinites, medical marijuana will alleviate chronic pain, which is why organizations like the American Legion support legalization because of the documented health benefits for our veterans. Several studies have observed, in states that have legalized medical marijuana, lower rates of opioids being prescribed and lower opioid overdose rates.

The Governor recommends the Department of Health Services regulate the individuals who are certified to use medical marijuana. Individuals would have to have a debilitating medical condition with symptoms such as chronic pain or nausea, examples include cancer or post-traumatic stress disorder. Tetrahydrocannabinol (THC), the active chemical in marijuana, has been shown to increase appetite, reduce nausea, decrease pain and reduce inflammation. Individuals who wish to use medical marijuana must receive a written certification from a physician or practitioner under the direction of a physician. Individuals will pay a fee to the Department of Health Services and receive a card that identifies them as a qualified user of medical marijuana.

Individuals can purchase medical marijuana from a dispensary, the Department of Agriculture, Trade and Consumer Protection will have oversight over dispensaries. Dispensaries will be allowed to grow marijuana or purchase marijuana from an entity certified by the department to grow marijuana. All the medical marijuana consumed in our state must be grown in our state and individuals operating a dispensary must have been a Wisconsin resident for at least two years. These regulations will protect Wisconsin businesses and farmers. The department will require all medical marijuana sold is tested for mold, fungus, pesticides and other contaminates by testing laboratories.

​Previously only individuals with a doctor's certification could possess and use cannabidiol, also known as CBD. Cannabidiol is usually sold as an oil, and it has been shown to reduce inflammation and help control seizure disorders. The Governor's budget allows the general public to possess and use CBD oil. 

Recreational marijuana – Many states, including our neighbors in Illinois, Michigan and Minnesota, have either legalized or decriminalized marijuana. The Governor recommends the decriminalization of small amounts of marijuana by eliminating the penalty for the possession, distribution or manufacture of 25 grams of 54 marijuana or less. Additionally, a person serving a sentence or on probation for the possession, distribution or manufacture of 25 grams of marijuana or fewer may request dismissal of the conviction. The budget would also provide a means for persons convicted under prior law to petition a court for the expungement of his or her conviction.

The state would, under the budget, do the following (we'll be adding to the list in future posts.):

• Spend $23.8 million over the biennium on a new pay progression system for correctional officers, correctional sergeants, psychiatric care technicians and youth counselors with the Department of Corrections and Department of Health Services. The new pay system will increase the starting hourly wage for correctional officers, reduce pay compression issues and reduce overtime worked by correctional officers.
• Appropriate $5 million starting in fiscal year 2020-21 to reimburse counties for the increased costs associated with raising the age that a circuit court or municipal court exercises adult court jurisdiction from 17 to 18.
• Spend about $4.2 million in state funds over the biennium to add 19.6 assistant district attorney positions and convert part-time ADA positions to full-time.
• Designate $3.5 million in 2020-21 for one-time start-up costs for counties that create secured residential care center for children and youth. Expenses eligible for reimbursement will be determined by the Department of Children and Families in consultation with representatives of the counties.
• Provide $420,900 and 11.25 full-time positions in fiscal year 2020-21 to staff the new inmate programs building at the Wisconsin Secure Program Facility, a maximum security facility. The building helps meet the educational, programming, library and religious needs of inmates.
• Provide $240,000 in each fiscal year to properly staff technical training mobile labs at the Department of Corrections.
• Provide $200,000 in each fiscal year to allow the Department of Corrections to update and modernize its current career technical education operations. 

You can show your support or opposition Evers' proposals by contacting your legislators. Hey, don't know who they are, exactly? You can find out by visiting the Legislature's home page here and  typing your address in the box on the right side of the page.