Last week, the Assembly Judiciary Committee voted 8-1 to recommend passage of AB 25, which would allow district attorneys to engage in the private practice of law for certain civil purposes.

Current Wisconsin law explicitly prohibits a full-time district attorney, deputy district attorney, or assistant district attorney from engaging in the private practice of law. AB 25 would reverse current law to allow district attorneys to provide pro bono legal services, defined as including legal services for individuals of “limited means, or for a charitable, religious, civic, community, governmental, or educational organization.”

While AB 25 may be well intentioned, WCJC opposes the bill because it poses several unintended consequences. First, if an attorney is a full-time employee paid by Wisconsin taxpayers, their first and foremost obligation is to work for the taxpayers. Second, allowing a governmental attorney the opportunity to moonlight as a private attorney, even in a pro bono capacity, creates a host of potential conflicts of interest. AB 25 could also lead to situations where district attorneys provide pro bono legal services for interest groups as a means to influence public policy while being subsidized by Wisconsin taxpayers.

The League of Women Voters has also expressed concerns with AB 25, including that the legislation could create the perception of favoritism in Wisconsin’s justice system.

The legislation is supported by the State Bar of Wisconsin. The Wisconsin District Attorneys Association has not taken a position on the bill.

SB 29, the Senate companion to AB 25 is currently in the Senate Committee on Judiciary. No public hearing or vote has been held.