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FACT BRIEF

Did the pandemic increase the backlog of cases in Wisconsin courts?

By Erin Gretzinger
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YES

The COVID-19 pandemic contributed to an increase in court case backlogs across the nation, including in Wisconsin.

Prior to the pandemic, the backlog of criminal cases in Wisconsin had been incrementally increasing for about two decades due to staffing shortages, with similar upward trends nationwide.  

When the pandemic hit in 2020, court closures greatly exacerbated the existing backlog. In Wisconsin, statewide orders closed or placed restrictions on courtrooms for several months — pushing back the timeline for criminal cases and jury trials across the state. Courts are still recovering from the impacts of the closures. As of May 2022, Wisconsin's backlog of cases was over 35,000.  

According to a recent report by the Badger Institute, the time it has taken to resolve a felony criminal case has increased by 85% since 2003. For misdemeanors, the time has increased by over 100%. 

This fact brief is responsive to conversations such as this one.
Sources
Badger Institute Toward Swifter Justice: Overburdened Prosecutors and Public Defenders Linked to Wisconsin Court Backlogs
Wisconsin Public Radio Wisconsin public defenders stress need for solutions to agency staffing shortage, case backlog
Wisconsin Court System Wisconsin Courts COVID-19 Task Force: Final Report
PBS Wisconsin Fixing Wisconsin’s criminal court case backlog
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Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.