Changing How Wisconsin Courts Set Bail

Frederica Freyberg:

The move to change the bail system in Wisconsin took on new urgency after the Waukesha Christmas parade when a man out on $1,000 bail on an assault charge plowed through crowds killing six people. Republican Senator Van Wanggaard authored the resolution calling for the amendment. He joins us now. Thanks for being here.

Van Wanggaard:

Thank you Frederica, pleasure to be here.

Frederica Freyberg:

Senator, we described in a report just ahead of this interview about how judges or commissioners under this amendment would now have to consider the seriousness of the crime, past criminal history and protection of the community. Does this fly in the face, as some people say, of the presumption of innocence?

Van Wanggaard:

The problem with monetary bond — the way our constitution reads now is monetary bond is designed to assure that that individual is going to appear in court for appearance. But if I say, okay, I will put up my — you make my bond $50,000, I’ll come up with a $50,000 from somewhere, but you know what if I get out, I am going to kill every witness, and all the people who were involved in my case when I get out. But I will show up for court. Well, the judge has to be able to consider all of those potential threats, and intimidations to witnesses. The individual’s conduct beforehand. And what their threats are. And can they deliver on what those threats are. Those things should be considered now. But the way the law reads is monetary bail is supposed to be a reasonable amount someone can make to tie them to the community. Bail used to be about linking them and keeping them here so they show up for court.

Frederica Freyberg:

Can’t a judge though impose conditions, like of what you speak, if a defendant is threatening people or something like that? Can’t there be no contact orders and stuff like that under the current law?

Van Wanggaard:

Sure. The judge can put that in place. Again, it’s the same thing. If I have a history of being violent, and I have a history of delivering on my threats, the judge should be able to consider that too. If I just ran dozens of people down with my vehicle, and they set the bond really low, and I say I am going to go run some more people over, the monetary side of things, that’s the way the stature reads. The monetary is supposed to be reasonable that the person can meet the bail but that they’re going to show up. In the Waukesha case, the judge set the bail at $5 million because there were five people were killed. And his comment was he is not going to get out now because I’m setting this bail high. That really doesn’t fit with what our constitution says it’s supposed to be. So there came the difficulty. With this amendment, what it will do is it will give the judge the ability to consider those things specifically, and give it back to them like it did pre-1981 but it’ll also give them the responsibly to do it. Which are two different things. So there will be some accountability for what they are doing or not doing.

Frederica Freyberg:

Interesting. Interesting stuff. Certainly we’ll be following it. Senator, thank you very much.

Van Wanggaard:

Frederica, thank you for the time. I appreciate it.