Statewide prosecutor shortage crippling District Attorneys' offices, impacting justice system

MILWAUKEE (CBS 58) -- District Attorneys throughout the state say they're in crisis mode because of a shortage of prosecutors. Statewide, about 10% of prosecutor positions remain vacant, creating a nightmare scenario for the legal system.

DAs are losing prosecutors to more lucrative private sector jobs, and they're struggling to attract new recruits.

Last week the Dodge County DA resigned because there are no longer any DAs there. Virtually every county is hurting.

Kenosha County District Attorney Michael Gravely said, "There's no way this is sustainable."

District Attorneys call the situation dire, critical, a crisis. And there's one factor to blame: the state-mandated starting pay is $26.70 an hour.

Gravely said, "No attorney with any experience would accept a job at that pay rate."

Eric Toney is the Fond du Lac District Attorney who serves as President of the Wisconsin District Attorney's Association and District. He said, "We're unable to recruit people into these positions because of the low starting pay."

Milwaukee County Chief Deputy District Attorney Kent Lovern said, "That is exactly why people leave our office."

Milwaukee County currently has seven vacant prosecutor positions, which is about 17% of its staff. Kenosha County has two vacancies out of 18. No one has applied.

But the caseloads keep building, and so does the strain on the remaining prosecutors trying to keep their heads above water.

Gravely said, "We'll have no ability to be ready for the next week's hearings and trials. That means victims don't get prepped the same way they should, video doesn't get reviewed."

When experienced prosecutors leave for more lucrative jobs, the average experience of those that remain is diluted.

Lovern said, "Someone cannot walk into this office and just be ready to charge an armed robbery or a shooting. These cases take years of experience to develop some proficiency for."

From 2012 to 2020, the turnover rate for prosecutors was 59% statewide. So now, 65% of prosecutors have less than 10 years' experience.

So, the Wisconsin District Attorney's Association is urging lawmakers to increase the starting pay to $35 an hour to attract more prosecutors.

Toney says the state legislature has been good partners in the past. "I believe they understand the problem, that it seems like a question of what not if they'll do something."

But until then, every day without adequate prosecutors puts the legal system in peril.

Toney said, "Our profession has been hit hard lately and we are asking for the things that we believe are necessary to make sure that we can recruit and retain the best possible attorneys here in Wisconsin."

We reached out to Governor Tony Evers' office to gauge his reaction to the pay increase proposal, but we did not hear back. He is expected to present his budget in February.