The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
May 1st is Law Day, an opportunity to celebrate a bedrock of our nation, the Rule of Law. As Wisconsin lawyers, we believe the day offers a crucial moment to examine our legal system’s ideals and the realities that can either undermine or strengthen them.
For sixty years or more, the vital work of court-appointed attorneys and public defenders in our state has been undervalued, creating a shortage of lawyers willing and able to take these crucial cases. While the state has made significant strides in the past few years by raising compensation to better reflect the complexity, expertise, and value of public defense representation, there is still much more to be done. Critical starting points are access to resources that allow defenders to effectively represent their clients and caseloads that enable them to be zealous advocates. Moreover, the way we discuss and treat the work of these dedicated professionals in public discourse must reflect the fundamental role they play in upholding the Rule of Law.
The “Rule of Law” embodies accountability, ensuring all individuals and institutions are subject to and answerable under the law; just laws, applied evenly and fairly, protected by procedural and constitutional rights; and accessible and impartial justice delivered in a timely manner by skilled, ethical, adequately financed, and independent legal professionals.
While these principles apply across the legal system, they are often most acute in criminal cases. For many, criminal proceedings represent the most visible manifestation of the Rule of Law. What happens in these courtrooms shapes our sense of personal safety and security, whether we are directly involved as a witness, victim, or defendant; experience it through a family member, co-worker, or friend; or are affected as a community member.
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The impact extends to our confidence in government institutions to operate fairly. Robust commitment to the Rule of Law in our criminal courts is not just a matter of legal theory; it is a cornerstone of a safe and just society, protecting us all from the dangers of arbitrary injustice and the unequal application of the law.
The fundamental right of access to counsel is central to these core values. As Justice Hugo Black eloquently stated in Gideon v. Wainwright, “[f]rom the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”
Justice Black’s words in 1963 remain profoundly relevant today. In a criminal case, the state possesses significant power and resources: from law enforcement officers to investigate, to forensic labs to analyze evidence, to dedicated, skilled prosecutors to present its case. Achieving equal justice when the defendant stands alone, without legal representation and adequate resources to support and assist him, is simply untenable.
Timely and meaningful access to counsel is not merely a procedural nicety. It is critical to ensure a fair, reliable outcome.
Court-appointed attorneys and public defenders must have the tools and time needed to conduct thorough investigations, prepare robust defenses, and zealously advocate for their clients. Adequate funding, manageable caseloads, and access to essential resources are not luxuries; they are prerequisites for a legal system that truly embodies the principles of justice.
While judges, prosecutors, law enforcement officers, court staff, and many others play important roles, the constitutional guaranty of meaningful access to counsel is essential if we are to have a just and impartial legal system. On this Law Day, we urge our policymakers, legal professionals, and communities to invest in and support practices that protect and strengthen access to counsel. Valuing the right to counsel is not merely an act of compassion; it is a fundamental necessity for safeguarding the Rule of Law, fulfilling our nation’s promise of equal justice, and promoting safe and strong communities for all in Wisconsin.
– Geske served as a justice of the Wisconsin Supreme Court from 1993 to 1998. She is now a distinguished professor of law at Marquette University Law School.
– Chisholm served as the Milwaukee County district attorney from 2007 to 2025.
– Strang is a full-time distinguished professor in residence at Loyola University Chicago Law and maintains a criminal defense office in Madison, Wisconsin.
