Wisconsinwatch iconWisconsinwatchSep 29, 2026 ~7 min source read

Judges say years of underfunding have left Wisconsin courts strained and behind

Judges, prosecutors and county officials in northeastern Wisconsin describe growing backlogs, staff shortages and outdated funding formulas that they say are slowing cases, stretching staff and pressuring local governments to fill gaps.

Judges warn that underfunded courts are falling behind

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The state judiciary received under 2% of the 2025–27 state budget, and judges say that level of funding forces staff to work long hours to keep cases moving.

Changes in case work — more digital evidence, more self-represented litigants and longer pretrial motions — make existing workload formulas obsolete.

Local officials and prosecutors urge the Legislature to update workload data, fully fund attorney pay progression and consider a prosecutor council to address shortages.

# What officials are warning Judges and prosecutors in northeastern Wisconsin told county and state audiences this fall that chronic underfunding is harming the justice system. Brown County Circuit Court Judge Tammy Jo Hock said she pushes her staff through long days and skipped breaks so cases keep moving. She pointed to the judiciary receiving less than 2% of the 2025–27 state budget.

Outagamie County District Attorney Mindy Tempelis told the state's first study committee on district attorney funding that the state is "not meeting its obligation," arguing the current approach breaks the system and harms defendants and victims.

# Concrete problems being reported Judicial and prosecutorial leaders described multiple, related pressures:

  • Staffing gaps. The 2025 Wisconsin Judicial Needs Assessment found Brown County is short nearly six judges and court commissioners. Prosecutor offices report shortages as well, with one office listing about 1,400 cases in backlog.
  • Case delays. About half of criminal cases in 2025 took more than six months to resolve, contributing to jail strain and defendants waiting long periods for counsel or trial.
  • Outdated workload measures. The formula used to calculate prosecutor staffing assumes paper-based work. Prosecutors now handle hours of body-camera footage, thousands of text messages and other digital material that demand far more time to process.
  • More time-consuming court work. Judges face larger volumes of digital evidence, more pretrial motions and more self-represented litigants. Filings created with automated tools or unclear drafting add to judges' review times.
  • Mental health and defense shortages. Officials reported shortages in mental health treatment necessary for trials and low pay in public defense, which complicates recruitment and retention — especially in rural areas.

# What prosecutors and judges are asking for Officials presented several specific policy requests to the Legislature and study committees:

  • Update workload studies so staffing formulas reflect current, digital-era case processing and near-real-time work demands.
  • Fully fund attorney pay progression to make prosecutor and public defender positions more competitive and retain staff.
  • Create a prosecutor council or similar office to advocate for prosecutors' needs and produce staffing guidance based on modern casework.

DA Tempelis emphasized that without these steps, backlogs will persist and there is no easy place to shift the work.

# Local consequences and choices County boards are being asked to decide whether to use local funds to fill gaps left by state underinvestment. Some counties face the practical choice of paying for additional staff locally or accepting longer delays and heavier workloads for existing employees.

Officials described pressure on courthouse staff and on the broader justice ecosystem: prosecutors and public defenders overwhelmed, judges forced to rush decisions, and jails holding defendants longer while competency or counsel issues play out.

# What to watch next The issues were raised ahead of the Nov. 3 elections for state Legislature and governor, which control budget decisions. Watch for legislative responses to the study committee findings, any proposed updates to workload formulas, and requests for dedicated funding for prosecutor pay progression or a prosecutor support agency.

If the Legislature changes funding formulas or authorizes new positions, counties will need guidance on implementation and timelines for hiring and training to reduce current backlogs.

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