We have been MIA for a little while and slacking with the updates on what’s happening in MKE. It’s been a hectic last few months. We are public defenders with more cases now than ever! Our clients are our top priority but we are back to updates. Starting with trials. 1/

MKE continues to have 4 courtrooms available for jury trials. It’s touch and go on whether 4 trials can actually go forward. There have been numerous instances where there aren’t enough jurors, witness issues, discovery issues etc. 2/

The week of 3/29 there were over 50 jury trials scheduled. Many of those were dismissed because of State witness issues. 20CF98 a client sat in custody for 444 days before the case was in court for a jury trial. The main witness did not show. Case was dismissed 3/

Despite having cases with victims in court, a disorderly conduct was chosen. 19CM3573 the state went forward w/ the 911 call when victim failed to show. Client was found NOT GUILTY. The case was pending since Nov. of 2019. Congrats to our colleague Charles Roozen! 4/

Multiple speedy trials were ready in other courts but due to no other courts being available, clients are still in custody. 20CF3950 case was ready for trial with speedy trial expiring 4/22. Because no spins were available the client remains in custody with a JT date of 5/3. 5/

19CF4140 also couldn’t be tried because no courts were available. Client has been in custody for 554 days with 3 bail motions argued and denied. Jury trial now set for 6/21. 6/

20CF675 was the only speedy trial to go forward. Speedy expired back in Oct. of 2020 and bail arguments were denied 2 times. After 415 days of pretrial incarceration client was found NOT GUILTY. 7/

Many cases set for trial plead to lessor charges on the day of trial. 19CF5330 started trial but client took a plea deal before the trial ended. 8/

It’s unclear why a 4th jury trial couldn’t go forward with 4 courtrooms available and multiple speedy trials ready. The only answers would be that another Judge was unwilling to take a spin or there weren’t enough jurors. 9/

It’s also unclear why a DC case went forward over cases with speedy trial demands. It’s interesting that the State would allow this when @DAJohnChisholm is in articles talking about justice for victims and the backlog being the issue. https://www.tmj4.com/news/coronavirus/justice-delayed-mke-co-da-chief-judge-say-criminal-case-backlog-could-take-2-years-to-overcome 10/

If @DAJohnChisholm really cared about the backlog his office would dismiss cases they know they cannot prove well before the jury trial date. Or choose not to go forward on a DC case and only a 911 call with no victim in court over cases with victims in court. 11/

The backlog in MKE isn’t just due to covid. There was a backlog prior to covid. And the majority of it is caused by the State continuing to charge petty cases and their unwillingness to admit when they cannot prove a case and dismiss it. 12/

#DearJohn instead of being in the paper talking about the issues with the backlog, maybe your office should actually start taking proactive steps to deal with the backlog. It starts with you. 13/