ILNews

Low pay leads to high job turnover

Back to TopCommentsE-mailPrintBookmark and Share

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.•

ADVERTISEMENT

  • 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.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT