AG Race: Toney alleges backlog at DOJ & critiques staffing levels, Kaul says claims lag evidence
MADISON Wis. (CBS 58) -- In the attorney general race, Republican candidate Eric Toney has criticized his opponent over staffing levels at the Wisconsin Department of Justice and recently alleged of a “backlog” at the unit that investigates child sex crimes online, but his Democratic opponent argues Toney’s claims lag evidence.
On Wednesday, Toney demanded Democratic Attorney General Josh Kaul release information about the Internet Crimes Against Children unit, a taskforce that investigates child sex predators and child pornography.
In a press release, Toney alleged there’s a "backlog" of referrals waiting to be investigated by ICAC, but Kaul argues his opponent is making accusations without all the facts.
“Based on information I’ve received, as recent as September of this year, Josh Kaul failed to provide proper resources to DCI resulting in a backlog of over 1,000 ICAC referrals – leaving child predators free to roam our streets and putting children at risk,” Toney said in a statement.
When pressed on the issue, Toney did not provide any details to back his claim.
“I have contact with law enforcement, current and retired… this is what we are hearing and if you want to know - go ask the Attorney General," Toney said during a press event in Madison.
Kaul countered Toney's claim when CBS 58 asked him during a campaign event in Milwaukee.
“When there’s a tip of potential harm to a child, that gets priority and our investigators follow up immediately,” Kaul said on Wednesday. "He is making accusations without knowing the facts of the matter.”
Not every tip sent to ICAC needs to be referred, but each are reviewed by DOJ agents and then sorted based on severity.
“DCI has viewed every National Center for Missing and Endangered Children (NCMEC) tip sent to DCI," said Gillian Drummond, a spokeswoman for DOJ. "Tips where a child is potentially in imminent danger are acted on within hours – at any time of day or night.”
The DOJ did not respond to questions on how long the review process takes.
In 2021, the ICAC task force made 468 arrests and provided services to 136 victims and families impacted by child exploitation, 49 of those were children.
DOJ Staffing Levels
Toney, who currently serves as the Fond du Lac County District Attorney, has also made vacancies at DOJ a key aspect of his campaign. He argues staffing shortages put a burden on local law enforcement and prosecutors during a time crime is on the rise.
Kaul said his opponent is "once again making up accusations."
During a series of campaign stops, Toney accused Kaul of leaving up to 30 percent positions unfilled in the Division of Criminal Investigations (DCI). According to DOJ data provided to CBS 58, current staffing levels are above what Toney is claiming.
The DOJ said they’ve filled 81 out of 90 DCI special agent positions, which is a 10 percent vacancy rate. As of July, the DOJ said the vacancy rate among criminal prosecutors was at 13 percent.
“He’s making accusations before the facts are out there and it’s unfortunate to see,” said Kaul during a campaign stop in Milwaukee.
Among sworn DCI positions, DOJ data shows it filled 95 of 108 positions -- a 12 percent vacancy rate. As of July, DOJ was short seven DCI agents or 9 percent of its total staffing.
Toney said he’s heard from law enforcement officials about staffing levels and attributed his data to DCI director Tina Virgil, who made comments earlier this year at a conference.
When asked, Toney said he’d work with the legislature to address staffing issues, but he did not provide specifics on his budget priorities or how to avoid future vacancies.
“When you look at local law enforcement when they are down an officer, they begin filling those vacancies immediately and that’s actually what I would do as attorney general to never see vacancies at these levels,” Toney said.
DCI staffing is at its lowest since 2016, according to DOJ. Compared to the previous administration under Republican Attorney General Brad Schimel, DCI staffing is overall better under Kaul, despite 2022 levels.
Getting more resources has been a challenge at DOJ, Kaul said, noting the Legislature has made cuts to the division where prosecutors work.
Kaul has also stressed there's more people retiring from the agency, making it difficult at times to hire qualified employees. They are currently seeking to hire 12 DCI agents to fill empty positions due to retirements or promotions.