by Mike Clouthier
Budget season is upon us once again, and with American Rescue Plan Act (ARPA) funds mostly dried up and with a lack of support from the State, Milwaukee County leadership is facing a potential deficit after last year’s historic budget surplus. County Executive David Crowley has now been faced with the task of creating a budget for 2025 that keeps vital programs afloat, bears the brunt of overspending within state-mandated departments and also continues to effectively serve the citizens of Milwaukee County. Crowley is putting programs, many of which he once touted, on the proverbial chopping block. One such program is Right to Counsel.
On June 24, 2021, the Milwaukee County Board of Supervisors passed A resolution declaring a “right to counsel” for residents of Milwaukee County facing eviction or foreclosure, authorizing the Department of Health and Human Services, Housing Division to implement a pilot Right to Counsel program. This program was supported by funding from ARPA allocation funds and Eviction Free Milwaukee, a partnership between the United Way of Greater Milwaukee and Waukesha County and The Legal Aid Society of Milwaukee. In a press release announcing his signing of this resolution into law, County Supervisor Crowley stated, “Eviction curtails access to safe, affordable housing from reputable landlords and perpetuates the cycle of poverty for generations. Right to Counsel provides an additional resource for residents to maintain housing security and avoid the negative impacts of eviction.”
A 2023 report by Stout, a third party firm, showed that, after enacting Right to Counsel, representation in eviction cases jumped from 2%-3% up to a monthly average of 10%, reaching in some cases as high as 16%. In 76% of cases where legal representation was present, eviction judgments were prevented, a telling sign of how predatory landlords rely on clients going without legal counsel to evict them on the flimsiest of pretexts.
On October 1, 2024, County Executive Crowley released his proposed 2025 budget for Milwaukee County. This recommended budget pointedly did not include funds earmarked to further support the Right to Counsel program. This omission was noticed by members of the County Board of Supervisors, alders of the City of Milwaukee Common Council, and by the program’s private nonprofit partners sparking a three-pronged effort to protect funding for Right to Counsel. Colleen Foley, CEO of The Wisconsin Legal Aid Society, told the Milwaukee Journal Sentinel, “Surely, if we cobble together public and private dollars, we can advance this really important project for the community.”
The City of Milwaukee Common Council has already moved to support the program using their own remaining ARPA funds with Mayor Cavalier Johnson endorsing the plan.
County Supervisor Jack Eckblad is spearheading an internal effort to see funding amended into the 2025 Milwaukee County Budget which would keep Right to Counsel available to Milwaukee County residents. The Leader reached out to Supervisor Eckblad, and he provided the following statement:
The County Board should – as quickly as possible – pass a $250,000 appropriation to help fund Eviction Free Milwaukee’s operating costs. Public grant funding has already secured $250,000. The city of Milwaukee has already voted unanimously in favor of $250,000 to match support from Milwaukee County. Independent auditors have confirmed that for every $1 spent enabling Eviction Free Milwaukee to prevent evictions, $3 is saved on services that Milwaukee County would otherwise be mandated to provide. 2:1 Matching funds from private grants and the city of Milwaukee mean that this is an investment that will pay off 9:1 for the county. And that isn’t a surprise. Keeping families in their homes, enabling kids to continue sleeping in their own bedrooms, is the right thing to do by any measure – moral or fiscal. I’m hopeful that we’ll have the support at Milwaukee County to provide the matching funds that will keep this program going.
Conversations with County Supervisors working on this effort indicate that they are confident they will achieve the necessary majority to support amending Right to Counsel funding into the 2025 budget.
The Milwaukee County Board of Supervisors will be holding a public hearing on October 28 to discuss their amendments to the County Executive’s recommended budget, and a final vote is planned for November 7.
The Leader also reached out to the office of County Executive Crowley and received the following statement:
My administration directed federal American Rescue Plan Act funding to many important efforts during the COVID-19 pandemic, including the Right to Counsel pilot program that assists residents facing eviction or foreclosure. While Right to Counsel services are still available for residents as of today, we always knew these federal dollars would not last forever. Like I said in my budget address, we need to balance competing priorities and make tough choices to put Milwaukee County on a path to financial sustainability. My administration will continue working with partners to seek out resources and collaboration opportunities to help these services remain available to the public in the future.”
On October 24, the Milwaukee County Board of Supervisors Finance Committee unanimously approved a motion to amend the 2025 Budget to include funding for Right to Counsel. It is clear that such a vital program is in the interest of Milwaukee’s working class, most of whom rent and all of whom are facing one of the most rapidly appreciating rental markets in the country.
