Wisconsin Public Defenders Become Teachers
To Strengthen the Justice System

     The young police officer sweated through the intense cross-examination. Leslee Ruscitti, a Milwaukee public defender, grilled him about the facts of a reported theft of gas. Leslee questioned the officer whether the officer asked the defendant if he had paid for gas, because the defendant said he did. The officer had forgotten to include this in his report of the crime, and was surprised at the line of questioning. He turned to the judge, pointed at Leslee and yelled, "She can’t do that, can she?" The court room exploded in laughter. Although the public defender, judge, and the district attorney were all real, this courtroom was really a classroom.

     Wisconsin State Public Defender Nicholas Chiarkas started the State Public Defender/Law Enforcement Interagency Courtroom Skills Training Project four years ago in Milwaukee. This project stems from Nicholas belief that if all the parts function cooperatively and efficiently, the whole system works better. The State Public Defender (SPD) offers this program to any law enforcement agency, state-wide, at no cost.

     The program varies throughout the state in order to best meet the needs of the agencies it serves. The process may start with either a pre-existing trial scenario or a report written by the recruit from a mock crime at the academy’s street scene. The District Attorney examines the recruit, and the Public Defender cross-examines him or her. After the testimony, the judge and both attorneys offer advice to the recruit. Some judges actually make a finding of guilt or innocence and then explain the reasons for their decision. The recruits are then critiqued as to the effectiveness of their testimony.

"It is remarkable who has a good time—everybody but the recruits."
Public Defender Leslee Ruscitti

     At first, Leslee thought the program was unusual. She didn’t understand why public defenders should spend their time helping people who are usually their adversaries in the courtroom. She has also noticed this initial reluctance from many of the public defenders and the police officers who become involved in this project. However, she says it only takes about an hour for people to change their mind and see the value of the program.

      "We are seen as contributing members of the justice community," says Leslee. SPD also uses the program for training their own attorneys, but the main benefit of the program is the relationships it fosters among the public defenders and people that are usually opponents in the courtroom. Leslee says it is also important for the judges to see that the Public Defenders are volunteering their times and efforts to advance the criminal justice system.

     Although attorneys have had to sit in the places of judges, most of the mock trials are run by a judge who has volunteered his or her precious time. So far, there has been no problem getting volunteers, said Leslee, and notes that the SPD recruited enough judges in only one week after the creation of the program. Milwaukee County Chief Judge Michael Skwierawski dedicates a whole day to the program because he believes the program enhances the pursuit of truth. "We’re all better off-judges, juries, and attorneys-when witnesses understand the dynamics of the courtroom."

      "It is remarkable who has a good time—everybody but the recruits," says Leslee. She remembers cross-examining one recruit about an inconsistency in his report. The recruit could not bring himself to admit his mistake and he gripped the witness stand so hard throughout the cross-examination that his knuckles turned white. After the testimony, he even told Leslee he wanted to choke her! During an actual trial months later, when the officer was testifying in a real case, he apologized and thanked Leslee profusely for the experience.

     The program has expanded from Milwaukee to also including Madison and the State Patrol, and the project will soon be arriving in Green Bay. The SPD is also considering creating in-service programs for current officers who have never testified. The federal government and organizations from out of state have also made inquiries into starting the program. Chief Judge Skwierawski says, "The program is terrific. More jurisdictions should have programs like this one."

     The State Public Defender’s educational efforts reach beyond this officer training. Wisconsin public defenders also work in school rooms at all grade levels to educate students and reach out to the community. The SPD makes their program, The Best Defense is No Offense, available to all Wisconsin schools.

"The students come away with a sense you have to listen to all sides."
Director of Community Justice Initiaves Jennifer Bias

     In high schools, public defenders give presentations focused on prevention and information about the court system. Public defenders talk about interactions with the police and tell the students what they have to do and what they do not have to do. The program can help cut down stupid charges against students, says Jennifer Bias, who is the Director of Community Justice Initiatives. Defenders explain confusing but crucially important topics such as waivers of juvenile status, which will allow the court to treat the juvenile as an adult. Finally, the public defenders also encourage students to pursue careers in the court system.

     Grade-school students need a different approach. Public defenders present programs such as State v. Dorothy (from the Wizard of Oz) to grade-schoolers. Students hear Dorothy testify and attorneys argue. "The students come away with a sense you have to listen to all sides," says Jennifer. "The interactive nature of the presentation creates a lasting impression."

     The programs allow high-school students to understand rules, and helping grade-school students to start to appreciate them. The SPD believes these presentations will cut down on charges that students can avoid if they know how the system works. The students also see public defenders as people working for their community.

"It is time to change the ingrained idea that it is us versus them."
Public Defender Leslee Ruscitti

     This recognition of public defenders being an essential part of the criminal justice system, from both the legal community and the larger community, is the main benefit in both this program and the officer training program. "It is time to change the ingrained idea that it is us versus them," says Leslee. The Wisconsin State Public Defender works as a fully recognized partner in the criminal justice system because of programs like Best Defense is No Offense and the State Public Defender/Law Enforcement Interagency Courtroom Skills Training Project.