Milwaukee County's top judge has ordered the sheriff's office to meet courtroom staffing levels, following an August announcement that prompted security concerns from the state court system.
Chief Judge Carl Ashley's order Friday came as the sheriff's office publicly announced its plans to curtail its use of overtime that was leading to staff burnout. That policy announcement was initially detailed in an Aug. 23 sheriff's memo — which said overtime would be no longer used — but it appeared to shift some to allow deputies to volunteer for overtime work, according to a Friday statement from the sheriff's office.
"The fair administration of justice is threatened by various bailiff-staffing concerns," the order from Ashley said. "The sheriff is hereby ordered to provide (bailiffs) ... while those courts are in session."
More: County adding 13 court bailiffs but cutting overtime pay. The Chief Judge is concerned.
Ashley's order requires the sheriff to staff two bailiffs in felony criminal courts; one bailiff in family court and misdemeanor court; and staff other courts as needed.
Ashley's order follows a sheriff's memo outlining an upcoming change to how the department would address bailiff staffing. The memo from Chief Deputy Daniel Hughes said the department would curtail mandated overtime by no longer using overtime to staff the courts while boosting the number of bailiffs to 90, the budgeted amount for the department.
Hughes' memo noted that the budgeted 90 bailiffs were not enough to handle court operations, but they were shifting deputies to meet that budgeted level. Currently, the office has about 77 bailiffs.
Ashley previously told the Journal Sentinel the boost to 90 bailiffs would keep things at the "status quo" but cutting out overtime pay means the standard number of bailiffs may not be met when officers take time off or call in sick, raising safety concerns. He said this means criminal courts could see less than the required two bailiffs and family court could drop to no bailiffs.
He previously said the courts need about 114 bailiffs to properly staff courtrooms and he was working with the county budgeting for that staffing level.
A spokesperson for the Sheriff's Office did not immediately respond to a request for comment on Ashley's order.
Ashley declined to comment on how he would move forward if the sheriff's office did not follow his order.
His document outlined numerous state statutes and Wisconsin Supreme Court rules dictating courtroom bailiff staffing, sheriff's duties and his authority to make an order directed at the sheriff's office. Whether he has the authority to do so, his memo says "yes."
"In any legal action, people don't always agree. But from our position, constitutionally and statutorily, I have the authority to do so," Ashley said.
Sheriff's Office announces plan publicly
In Friday's statement, MCSO said it was modifying court staffing to address the agency's deputy sheriff shortage, reduce mandated overtime, and stymie its staffing exodus.
It comes as the sheriff's office deals with 32 deputy vacancies, 12% of its workforce.
"In an effort to work with the Chief Judge, the MCSO will, for now, attempt to maintain the status quo by allowing members to volunteer for overtime shifts," the statement said. "But if enough members do not volunteer to fill shifts, MCSO will make a daily assessment on eliminating specific positions in the downtown Courthouse Complex."
MCSO's statement continued to call for increased funding to add enough deputies to cover its courts, patrol and airport divisions.
"This change was born of necessity," the statement said. "The MCSO simply does not have enough deputies to maintain the agency’s current staffing matrix and must provide an appropriate work/life balance for its members to retain the staffing we have while maintaining safety and security in the courts and throughout the agency."
The sheriff's office received support from the Milwaukee Deputy Sheriffs' Association, union president Carlos Bruno told the Journal Sentinel Friday.
Ashley's order is part of a balancing act from the county's top judge, who acknowledged the sheriff's office was attempting to maintain bailiff staffing.
However, the lack of a guarantee and continued concern from the county's 47 judges prompted the order, he said.
"They’re making every attempt to fulfill that obligation and my concern is, (while) I’m grateful, but they can’t guarantee it to me," Ashley told the Journal Sentinel. "I’m not pushing for mandatory overtime, and I think there’s still an effort to try and staff us."
Staffing becomes a hot-button issue ahead of budget
The court order and previous sheriff's memo comes amid a hefty deficit for the county and the sheriff's department. County Comptroller's Office projections show a $7.6 million overtime deficit for the law enforcement office and the county's projected $19 million deficit by the year's end.
With that being said, County Executive David Crowley said, public safety is still a priority going into the 2025 budget deliberations this fall.
"Difficult staffing decisions across all Milwaukee County departments are occurring due to the ongoing fiscal constraints that we are facing as a result of state-mandated service requirements placed on Milwaukee County," Crowley wrote in a statement to the Journal Sentinel. "While I am confident my upcoming budget proposal will provide the funding needed to address bailiff staffing levels and ensure our courts are safe and properly staffed, we need a long-term funding solution."
Crowley said he would work with Ashley, MCSO and partners to "identify funds for law enforcement and court security services," which will include engaging the state and federal partners to help sustain public safety services, reduce the cost of overtime and offset competing budget needs.
For newcomer Supervisor Justin Bielinski, who chairs the county's Judiciary, Law Enforcement and General Services Committee, it's a "complex issue."
"Initially, when Deputy Hughes had sent out that memo ... it really, to me, looked more like a political document ... a way to posture before the budget season and kind of poke the finger in the eye of the County Board ... Then, the judges, their eyebrows were raised by that statement," Bielinski said.
"We all want to see that the courts are staffed appropriately, but at the same time an $11 million deficit for the Sheriff's Department ... that's a lot," he said.
Bielinski said that he intends for his committee to discuss the situation at Tuesday's meeting, citing it as a matter of public interest.
Contact Vanessa Swales at 414-308-5881 or vswales@gannett.com. Follow her on Twitter @Vanessa_Swales .
David Clarey is a reporter with the Milwaukee Journal Sentinel. He can be reached at dclarey@gannett.com.
This article originally appeared on Milwaukee Journal Sentinel: Milwaukee County chief judge orders sheriff's office to meet courtroom staffing
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