Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Discovery Fees topic
No spam. Unsubscribe anytime.
Dunn County district attorney warns state cap on discovery fees could cut office revenue
Summary
Dunn County District Attorney Andrea told the Judicial and Law Committee that a new State Public Defender cap of $10 per case on discovery reimbursement, effective Jan. 1, 2026, could reduce the office's projected 2026 discovery revenue despite a planned increase to $40,000.
Dunn County District Attorney Andrea told the Judicial and Law Committee that a recent State Public Defender directive capping discovery reimbursements at $10 per case could substantially reduce the county office’s expected revenue in 2026.
Andrea said the county had increased its 2026 discovery-revenue estimate to $40,000 based on current practices and costs, including the use of Axon Justice for digital evidence. "The state public defender has now put a cap of $10 on every case, and we spend way more than $10 on every case," Andrea said, describing the cap as effective Jan. 1, 2026.
The matter matters to county finances because the district attorney’s office charges private counsel and public defenders for producing discovery — historically aligning its rates with the State Public Defender’s guidance. Andrea said the office has been charging 3 cents per 5 megabytes of data for digital evidence and that older 2015 guidance assumed distribution on flash drives or discs that are now impractical for large files.
Andrea described the county’s current workflow and cost drivers: collecting and indexing body-worn and squad-camera recordings; storing and uploading large files; and preparing data for distribution to defense counsel. "There's many offices that have hired just whole new positions for managing the large amount of discovery," she said, noting that the $10 cap would not cover the time and material costs in many cases.
The DA said she had emailed a copy of the State Public Defender memorandum to County Finance Director Dan Dunbar and would keep finance staff updated as the situation evolves. She also cited an administrative rule as the underlying authority for reimbursement practice, referencing "administrative code section PD 8.02," which she said allows the State Public Defender to set reimbursement amounts.
The committee did not take formal action on the matter during the meeting; Andrea characterized the item as recently issued guidance that prosecutors across the state were discussing. She warned that if the cap remains unchanged, projected 2026 discovery revenue for her office "might go down quite a bit."
