The importance of suitable civil legal representation in Wisconsin cannot be understated. Indeed, it improves our civil justice system in a number of important ways. These include, among many others, providing all litigants with the impression that they were given a “fair shot” and were properly heard on the merits, enabling judges to correctly and efficiently resolve the cases before them.

Unlike circuit court judges—who have the unenviable task of working with pro se litigants in numerous contexts while cases are actually developing—we intermediate appellate court judges have the vantage point of concluded trial court litigation. All too often, it is clear “from the record” that, despite the best efforts of the trial judge and even sometimes opposing counsel, the unrepresented civil litigant fails woefully to represent his or her best interests. Such an outcome is only natural for individuals who, whatever their background, are not armed with years of learning substantive law, much less know how to properly and effectively conduct an evidentiary hearing or otherwise prosecute a case. This deficiency is especially true with certain subject matters, such as family law—including child support and custody cases—employment disputes, and landlord-tenant cases.

To be sure, there is only so much we can do. But the more we remain cognizant of these important concerns, the better off our justice system will be.

The post Notes from the bench appeared first on Wisconsin Access to Justice Commission.

We are very grateful for that commitment. In our next chapter at WisTAF, the Commission and the State Bar will continue to share common cause and will certainly find numerous ways to work together. Our commitment working with all our stakeholders to improve access to justice for Wisconsin’s low-income residents is unchanged.

The post Change at the Commission appeared first on Wisconsin Access to Justice Commission.

We are always looking for new volunteers who can help us keep wait times reasonable. It only takes about 20 minutes to respond to a typical question. And of course, after you sign up to volunteer with Free Legal Answers, the time that you spend answering questions through the website qualifies for CLE credit in Wisconsin (you can even track your volunteer time in the system). As you can see below, the questions cover a broad range of subject matters. 

This amazing service could not be successful without the volunteers. Thank you all for making a difference. Here are the top 10 Free Legal Answers volunteer attorneys for 2022 in two different categories. 

The post Free Legal Answers Year In Review appeared first on Wisconsin Access to Justice Commission.

Wisconsin Free Legal Answers is an online brief legal advice clinic sponsored and administered by the Wisconsin Access to Justice Commission. Clients are prescreened for eligibility and can then ask questions on a wide range of civil (noncriminal) legal topics each year. Volunteer attorneys log into the site at their convenience and pick which questions they’d like to answer through the website. All communications between the clients and attorneys take place through our secure website at wi.freelegalanswers.org. The service is part of the national ABA Free Legal Answers network.

Between July 1, 2021 and June 30, 2022, volunteers responded to 1,770 questions through Wisconsin Free Legal Answers, assisting 1,638 individuals and their families. Although this was down about 10% from the previous 12 month period, it was still far higher than our last pre-pandemic year. So, it appears that the surge of interest in using Free Legal Answers that was prompted by the pandemic is continuing. Our answer rate was also quite high at 95% of the 1,861 questions asked.

Family law continues to be the largest area for questions. Housing and debt issues rank second and third.

One of the greatest strengths of a service like this is our ability to direct legal resources from areas where they are plentiful to regions where they are not. Lawyers in Wisconsin are highly concentrated in a handful of Wisconsin’s most populous counties: 80% of practicing lawyers are in 10 of Wisconsin’s 72 counties. Most of our Free Legal Answers volunteers are also in these “top 10” counties.

We’re proud of the fact that our Wisconsin Free Legal Answers users come from all over the state. Almost half of our client users are in rural counties that have fewer local legal resources.

Looking at the socioeconomic profile of our users, it’s also clear that the vast majority lack the means to hire an attorney. Over half live in households with incomes below 125% of the Federal Poverty Level ($22,887 for a family of 2). They qualify for free legal representation but our staffed civil legal aid providers just don’t have enough funding to represent everyone who qualifies. So, provider agencies have to triage the most urgent cases and direct the rest to self-help resources like Free Legal Answers. A third of users are in households just above the poverty line: they earn too much to qualify for free legal services but too little to actually hire a lawyer.

The post 12 Months of Free Legal Answers in Wisconsin appeared first on Wisconsin Access to Justice Commission.

Data from the first year of the rule change confirms that there was significant unmet demand for this meaningful type of service learning opportunity. Since the new rule was adopted:

• 131 University of Wisconsin law students have been certified under the new rule, an increase of 88 students compared to the old rule
• 105 Marquette University law students have been certified under the new rule, an increase of 31 students compared to the old rule

The net result of this rule change over the last year has been to engage an additional 119 law students in helping to close the justice gap in Wisconsin. That’s major step forward for access to justice in Wisconsin.

The post More Law Students on the Front Lines appeared first on Wisconsin Access to Justice Commission.

Rebecca L. Murray, Executive Director, Wisconsin Trust Account Foundation, Inc.

Wisconsin has roughly one WisTAF-funded civil legal aid attorney for every 4,300 people in the state with incomes below 125% of the federal poverty level. In other words, if you filled Lambeau Field to its capacity, you’d have 18 lawyers to serve them all. What’s more, Lambeau Field’s seating capacity could accommodate only 10% of Wisconsinites who are income-eligible for the vast majority of WisTAF-funded legal aid.

Since its creation by the Wisconsin Supreme Court 36 years ago, WisTAF has administered the state’s Interest on Lawyers Trust Accounts (IOLTA) program, and has invested these and other critical sources of funds in civil legal aid programs statewide – more than $64 million, to date. Given the highly unstable nature of IOLTA income, which is tied to bank interest rates and trust account principal balances, diversification with other more stable sources of funding continues to be essential.

The table below summarizes Wisconsin’s primary ongoing sources of civil legal aid funding that are administered through WisTAF. This does not include federal funds administered by federal agencies. 

Funding source	Annual High	Annual Current	Trend	Notes
IOLTA (Interest on Lawyers Trust Accounts)	$2,038,520 (2007)	$666,469 (2021)	↓	WisTAF’s original source of funding, IOLTA income, has been hit exceptionally hard by the pandemic. March 2022 net income was 67% lower than its corresponding pre-pandemic monthly income.
PILSF (Public Interest Legal Services Fund)	$933,250 (2015)	$910,100 (2021)	↓	Under SCR 13.01(2m) and SCR 13.015(4), actively practicing attorneys and judges pay $50 annually into the Public Interest Legal Services Fund to support civil legal services for persons who cannot afford a lawyer.
Pro hac vice fees	$73,700 (2021)	$73,700 (2021)	↑	A portion of this fee is distributed to WisTAF per SCR 10.03(4)(b)2. We’ve seen modest increases in pro hac vice fee income the past two years.
Cy pres awards	$685,888 (2021)	$685,888 (2021)	↑	2021 cy pres income was an anomaly due to a single settlement. However, the timing was opportune given the pandemic’s extreme and sustained negative impact on IOLTA income. The prior annual high was $118,627.
Temporary Assistance for Needy Families (TANF) passed through DCF	$500,000 (2015-16)		=	Wis. Stats. § 49.175(1)(j)14 provides for grants to WisTAF of $500,000 in federal TANF funds per fiscal year to fund grants restricted to the provision of legal services in civil matters related to domestic abuse, sexual abuse, or restraining orders or injunctions for individuals at risk under s. 813.123

Additionally, the following temporary, one-time funding allocations for civil legal aid have been received or are in the pipeline to be allocated.

Funding source	Amount	Date Expended	Comment
Federal class action settlement with Bank of America	$5,940,576	Dec. 2023	One-time distribution of funds as part of the U.S. Dept. of Justice settlement with Bank of America related to the 2007-08 mortgage foreclosure crisis. Funds are restricted to the provision of community redevelopment and foreclosure prevention legal assistance.
American Rescue Plan Act  – Homeowner Assistance Fund	$927,053	Sept. 2025	Funds restricted to legal services, targeted to households eligible to be served with funding from the HAF, in civil matters for the purpose of preventing homeowner mortgage delinquencies and defaults, foreclosures, and displacements of homeowners experiencing financial hardship after January 21, 2020.
American Rescue Plan Act – State and Local Fiscal Recovery Fund	$8,000,000	July 2025	Funds restricted to civil legal services for low-income individuals who need legal assistance to recover from the COVID-19 pandemic; and to collaboratively develop a web portal to connect low-income individuals and others with legal services, information, and resources.
Afghanistan Supplemental Appropriations Act (US DHS)	$749,000	Sept. 2023	Funds restricted to immigration-related legal assistance for Afghan refugees/specific Afghan populations in response to their emergency evacuation and resettlement.

The addition of these new funds will prove critical in addressing civil legal services needs exacerbated by the COVID-19 pandemic’s economic impact. But their one-time, temporary nature will leave a void that can only be filled with a more sustainable investment in Wisconsin’s civil legal aid community.

The post Wistaf funding update appeared first on Wisconsin Access to Justice Commission.

Lack of civil legal representation impacts the quality of judicial decisions, the confidence of litigants in the legal process, and the efficiency of the courts. As a Milwaukee County Circuit Court Judge who recently presided over a full-time family law caseload for three years, I witnessed this on a daily basis while in the trenches with litigants in cases dealing with the issue that arguably matters most to individuals and community: their children.

First, litigants without representation struggled, and often failed, to present important, relevant information to the court. Information is critical to high-quality well-reasoned judicial decisions under the rule of law. Second, litigants without representation often voiced frustration with the legal process, a frustration rooted in the absence of an attorney to explain the process to them and prepare them for it. This frustration can lead to a lack of confidence in the legal process and the resulting judicial decisions, increasing the likelihood of post-judgment litigation such as motions to modify legal custody and physical placement of children. Additionally, this frustration can cause parents to withdraw from participating in the legal process, leaving the court with even less information upon which to make decisions. Finally, cases involving unrepresented litigants usually required more judicial time than cases where both litigants were represented. Given the high percentage of family law cases where at least one litigant does not have legal representation, the additional judicial time required for these cases significantly affects the efficiency of the courts in individual cases and systemically, resulting in longer wait times for court hearings and for reaching final resolutions.

Judges bear great responsibility for making good decisions under the rule of law, inspiring public confidence in the legal process and managing the courts efficiently. However, judges will never fill the void left by a lack of civil legal representation.

The post Notes From The bench appeared first on Wisconsin Access to Justice Commission.

This year, the Wisconsin Access to Justice Commission is proud to recognize the 292 Wisconsin lawyers in the 2021 Pro Bono Honor Society. We thank them for answering the call to serve. They’ve represented asylum claimants, crime victims, indigent defendants, unemployed workers, parents, the disabled, and a wide range of other clients. Some of them have gone far beyond the 50 hour standard, donating hundreds of hours of their time to make sure that someone else is able to protect their legal rights. They’ve done this in brief legal advice settings, in the courtroom, before administrative agencies, and in appellate courts. Together, they helped to make Wisconsin a better place in 2021. Thank you!

The post In praise of volunteers appeared first on Wisconsin Access to Justice Commission.

We ended 2021 on another high note. Our volunteers answered 1,771 legal questions last year. Over 345 Wisconsin lawyers have signed up to volunteer with this program. We always welcome new volunteers to help us keep wait times reasonable. Last year, we averaged about 150 questions a month.

Questions typically take about 20 minutes to answer, so at an average hourly rate of $200/hr, our volunteers contributed at least $354,200 of pro bono legal services last year.

We’re hopeful that recent news coverage about the program will encourage more low income residents to consider the convenience of using Wisconsin Free Legal Answers. We were pleased to have the opportunity to share the availability of this service with news outlets in La Crosse, Eau Claire, Wausau, Madison, and Beloit.

Here’s a look at the mix of questions and client locations for 2021.

The post Free Legal Answers 2021 in Review appeared first on Wisconsin Access to Justice Commission.

All you need to do to be recognized is certify that you or another attorney whom you know met the program’s standard. Find out more about instructions for certification with the Pro Bono Honor Society. The deadline to certify is February 28, 2022.

Law firms that want to nominate their qualifying attorneys can send an Excel spreadsheet with the names of the attorneys and their State Bar numbers to Jeff Brown.

The State Bar of Wisconsin’s pro bono portal is a great way to find the right volunteer opportunity.

The post 2021 Pro Bono Honor Society Nominations Sought appeared first on Wisconsin Access to Justice Commission.