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Low pay leads to high job turnover

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When Chad Lewis went looking for a deputy prosecutor, he hired a “very sharp, competent person” who had no prosecutorial experience and had not yet passed the bar exam.

Lewis, prosecutor in Jefferson County, has three deputy prosecutors in his office, two are paid by the state and the other is paid by the county. The vacancy opened when the county-paid deputy left after five years to take a position in a private law firm that paid roughly $15,000 more.

“I don’t blame him for leaving,” Lewis said.
 

lewis-chad-wide-15col.jpg Chad Lewis, prosecutor in Jefferson County, had his request for another deputy prosecutor denied. (Photo courtesy of The Madison Courier)

Two-thirds of the résumés submitted for the position were from law students, and while he would have rather hired someone with five to six years of experience, the low salary coupled with having to live in a small community proved too unattractive.

Now, he may be wondering how long his new hire will stay.

“I would say salary has been an obstacle to retention here in the past,” Lewis said.

The situation in Jefferson County highlights the squeeze on today’s public sector attorneys. Paychecks, historically low compared to others in the legal profession, may be too small to support a family, and student loan debt is often too high to repay on a public salary.

A survey of public interest and public sector attorneys by NALP, the Association for Legal Career Professionals, found that salaries had grown little between 2004 and 2012. According to the “2012 Public Sector and Public Interest Attorney Salary Report,” the current median entry-level salary for public defenders is $50,500 and for prosecuting attorneys is $50,000. This is about 25 percent higher than the 2004 median entry-level salaries of $39,000 and $40,000, respectively.

Based on the findings, NALP concluded that at a time when salaries in the public sector have just kept pace with inflation, the cost of legal education and average law student loan debt are increasing at a much higher rate. The report questioned whether law students have economic incentive to enter the public sector.

However, interest in these careers remains high, prosecutors and public defenders in Indiana say. Many attorneys applying for these positions have a strong desire and dedication to be a public servant, but they often struggle to make the job a long-term career because of the salary.

The consequence is that after a few years, the attorneys are leaving the offices and counties are deprived of those lawyers’ experience and training.

Paycheck to paycheck

Victoria Bailey began working for the Marion County Public Defenders Agency in August 2008 and is an appellant public defender. It is a job she loves, a job she believes in, and a job, she admits, she did not take for the paycheck.

“I care very deeply about the Constitution and assuring people’s rights are protected,” Bailey said. “Being able to do something I am passionate about is more important than money.”

Still, the small compensation would not enable her to pay her student loans and raise a family. She does not blame her boss, Robert Hill, chief public defender, but rather believes her pay may reflect the public’s perception of her job. Bailey believes some people may not think a public defender is important because some of the clients can be unsavory individuals.

Bailey admits she lives a simple lifestyle, riding the bus instead of owning a car and spending many evenings at home instead of going out, but, still, the low pay makes her feel undervalued and underappreciated. She wants a raise.

“It’s fair. It’s the right thing to do. I earned it,” she said. “Just because I can do without doesn’t mean I should do without.”

The NALP survey charted the narrative of low pay in every location. For the past four years, many public sector attorneys have been living paycheck to paycheck and unable to save money, said Steve Grumm, director of public service initiatives at NALP. This, in turn, calls into question the viability of the public sector as a career path.

Hill is frustrated by the low salaries his attorneys receive. Currently, the starting salary is $45,000, and that does not compensate his lawyers adequately considering their level of education.

The Marion County Prosecutor’s Office shares Hill’s concerns. Salaries start at $45,619 and increase as a deputy prosecutor gets promoted from misdemeanors to D felonies to major felonies.

Both Hill and Laurel Judkins, chief counsel for the Marion County Prosecutor’s Office, said the attorneys who work in their offices are dedicated, quality attorneys who want to work in the public sector. However, their ability to serve is hindered when they get married and have children. They tend to move on, many going into private practice, because the public sector paychecks cannot cover all the things raising a family require.

“It’s not that you want the pay to be exorbitant,” Hill said, “but you do want it to be adequate pay so a young man coming out of law school can say, ‘I can have a family, pay for my kids going to college,’ or she can say, ‘I can get married, buy a house.’”

Access to justice

Paychecks have been crunched particularly in recent years as municipalities try to tighten budgets to match declining revenues. What has not gotten smaller is the workload.

During Jefferson County’s recent budget hearings, Lewis asked the county to pay for another deputy prosecutor. He underscored his request by breaking down the numbers. Considering criminal cases alone and not counting in the traffic infractions and child support proceedings, his deputy prosecutors each handle an average of 375 cases annually, translating into an average of 5.5 hours spent on each case. When child support and infractions are included, the average time spend on each case dropped to 1.46 hours.

The limited time gets upended if a murder case goes to trial. Preparation, investigation and courtroom work can eat 100 hours which means other cases are getting zero time and, in Lewis’ words, “victims are not getting justice.”

In the Marion County Prosecutor’s Office, the situation is much the same. About 65,000 charges are filed annually ranging from traffic violations to major felonies. No one, said Judkins, is sitting around the office with nothing to do.

Attorneys in both the prosecutor’s and the public defender offices regularly take work home and come in on the weekends to keep pace with the case load.

Salaries play a part in the workload dilemma. As the small paychecks push experienced prosecutors and public defense attorneys out, Grumm said the offices lose their institutional knowledge and work is done with less efficiency and effectiveness.

The whole criminal justice system suffers because the concern of paying a living wage to public sector attorneys is ultimately about providing access to justice, he said.

Hill has seen how turnover impacts his office. With less experienced attorneys, the office does not run as smoothly which can mean cases do not go to trial as soon and clients wait longer in jail.

The situation may not be improving any time soon. Jefferson County did not fund the additional deputy prosecutor and the request by the Marion County Prosectuor’s Office for a 3 percent cost of living raise in 2013 was not included in the city-county budget.

While their salaries have stagnated, the cost of living has increased to the point that, Judkins pointed out, deputy prosecutors are actually seeing smaller paychecks than in 2009.

“I think that when you don’t receive any sort of raise for over four years and the end result is you’re making less than what you were making four years ago, that’s very hard to swallow,” Judkins said.•

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  • Starting salary is irrelevant
    Whether or not the starting salary is comparable is irrelevant. The point of the article is that, without salary growth, the counties loose attorneys with experience to better paying jobs. Inexperienced attorneys can't handle the large caseload as efficiently or effectively, so the state - and therefore the victims - are not represented as well as the criminals and their constitutional right to justice is jeopardized.
  • Unrealistic
    If those new attorneys entering public sector jobs with an entry level salary of $50,000 and tons of benefits think they can do better in the private sector, they're fooling themselves. The market is so saturated, many law firms don't even pay salaries, or hourly...they're commission only. The prosecutor, the public defender who can walk out the door and make $15,000 at a law firm is the exception, not the rule. $50,000 is actually an excellent starting salary for an attorney, especially considering the benefits you get in the public sector.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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