By Tyler Lamb
Editor
The Walworth County Finance Committee denied a request Sept. 19 by County Administrator David Bretl to assist with funding for an additional prosecutor.
Last month, in his presentation of the county’s budget, Bretl included funding for an assistant district attorney for an 18-month period. Nevertheless, four county supervisors filed appeals to the budget request, effectively removing the item from the budget.
The county approved its preliminary budget in the same meeting, which will be published and presented during a public hearing slated for Oct. 29. The County Board will give final approval to the budget on Nov. 12.
Funding for prosecutors is state responsibility; however, the state has not added an ADA to the county since 1991, according to state records. This despite a marked increase in the county’s violent crime rates, as well as population.
“The request for an 18-month expenditure for an additional DA should be denied,” Supervisor Jerry Grant wrote in his appeal. “I do not trust the Legislature to provide funding for much of anything – especially a new position like this.”
Supervisors Richard Brandl, Tim Schiefelbein and Dan Kilkenny also filed appeals to remove funding from the position.
For his part, Kilkenny said he was concerned if Walworth County funded the position the state would be less inclined to fund the position in the future.
“I think the fact that it is a state position is important,” he said. “I think the arguments that you make are very good, but I think they should be made to the Legislature.”
At the state level, District Attorney Daniel Necci has pushed for additional prosecutors for Walworth County, but has been unsuccessful thus far.
“In 1980, our District Attorney’s office had two prosecutors, the elected DA and one assistant district attorney,” Necci said. “The population of this county was approximately 71,500 people. Between 1980 and 1990 this body added three more assistant district attorneys.”
Necci went on to note in 1990 the state, not counties, began funding the salary and benefits of DAs and ADAs.
“Between 1990 and 2010 the state has added zero assistant district attorneys statewide,” Necci said. “In fact, all they have done is subtract 19 during the Jim Doyle administration. This county, between 1990 and 2010, has grown by approximately 27,000 people.”
According to a study by the Department of Administration, the county’s district attorney office should have had an additional prosecutor added in 1991, when a fourth judicial branch was created. The extra prosecutor was never added.
A 2012 study recommended four additional positions for the district attorney’s office.
“Since 1991, the population of Walworth County has increased 23 to 24 percent,” Necci said. “Violent crime has increased by almost double that in this county. Forcible rape, according to (the Office of Justice Assistance), has increased at almost triple that rate.”
Necci went on to compare Walworth County to Eau Claire. The city has a similar population, in addition to a university, and carries eight prosecutors. Walworth County has five.
According to Necci, Rep. Tyler August (R-Lake Geneva) placed a budget request to fund an additional ADA in Walworth County.
“He is 100 percent behind this and he is now the Speaker Pro Tempore of the assembly,” Necci said. “This means he carries a little more weight. He has pledged that he will stand with us on this issue going into the next biennial budget.”
The district attorney also said the agency lobbying on behalf of prosecutors plans on taking on this issue for the next state biennial budget; a point Grant was skeptical of.
“Budget cuts at the state level is affecting most departments that have been in place for longer than I can remember,” Grant said. “I find it difficult to believe we could find a good candidate under these circumstances. Not a promising outlook for future employment.”
According to Necci, when former ADA Zeke Wiedenfeld left office he received roughly 90 applications in a single week, including applicants who graduated in the top five percent of their class.
“We can get tremendous talent right now because of the market,” Necci said. “When I got out of law school it was the complete opposite. You went into a DA’s office for a couple of years and then you went out into private practice to make some real money. We have the opportunity right now to get an outstanding attorney.”
Necci closed by stating he would lobby the Legislature in attempt to secure funding. If that endeavor fails he may return to the County Board to receive funding for an ADA.
Removing the funding was approved on a 4-1 vote. Supervisor Joe Schaefer was the only member opposed to removing the funding.
