Public defenders are often on the lower side of the median, as they are frequently paid less than their colleagues in the prosecutor’s office. 212 More than two-thirds of survey re- spondents (81 of 121) report that their salaries are different from the salaries of prosecutors. While a few report that they are paid more than prosecutors, the bulk of respon- dents reported salaries that are between 10 percent and 50 percent lower than prosecutors. One Oregon defender re- ported that at the top of the scale, prosecutors make double what defenders receive. In the City of Phoenix, the contract attorneys are paid $57,120 for a caseload of 270 per year, with the possibility of an additional $5,000 in extraordinary compensation. They do not receive any benefits. By contrast, the starting salary for prosecutors is approximately $64,000. The pros- ecutors also have benefits, including retirement. Having competitive salaries is essential to keeping experi- enced attorneys in the public defender office. One Illinois defender noted, “Turnover in my office is quite high and we’ve lost some great attorneys as a consequence.” The at- torney reported that the bulk of the turnover is attorneys leaving for higher salaries in private practice.
“Public defenders shouldn’t have to choose between paying their mortgage
or paying their student loans — a choice I make every month.”
— An Oregon defender.
lawyers longer. He said that it is disheartening to come to court every day and be the lowest paid person in the room. It is noteworthy that the starting salary for deputy sheriffs is $60,000, more than $20,000 greater than a public de- fender. 214 In Miami-Dade County, Florida, the Chief Defender re- cently pointed out that for non-capital felony attorneys, the starting salary of $42,000 is well below the median starting salary of new lawyers in the region, and, in some instances, half of the starting salary offered by non-state, governmen- tal entities in the area. 215 Inadequate compensation is also a problem for court-ap- pointed counsel. As a Nassau County, New York, lawyer wrote in a survey responses:
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One Oregon defender wrote:
Pay needs to be increased to (at least) parity with the state. We need to attract and retain good, talented attorneys who are dedicated to helping our clients. Pub- lic defenders shouldn’t have to choose between paying their mortgage or paying their student loans — a choice I make every month.
Attorneys need to be paid far better. I cannot believe that a private lawyer gets 60 dollars an hour. That is not close to what it costs just to keep an office open in this neighborhood, forget make a liv- ing wage.
Another wrote:
After practicing for two years, I feel like I’ve really become a good attorney. But, now that I have a husband and baby to support, I find it nearly impossible to con- tinue as a public defender. It’s frustrating to come out of law school with $150,000 in school debt and begin working a diffi- cult job that barely pays the loan bills.
Recommendation — Inadequate Compensation 1. Misdemeanor public defense counsel should receive fair compensation, includ- ing medical and retirement benefits. Defenders should be compensated at a level that reflects the importance of their work to the efficacy of the criminal jus- tice system. A defender salary should be ample enough to attract and retain qualified lawyers. Principle 8 of the ABA Ten Principles of a Public Defense Delivery System states that there must be “parity between defense counsel and the prosecution with respect to resources.” 216 The comment to the principle notes that there “should be parity of workload, salaries and other resources (such as benefits[)].” 217 It fur- ther states that “assigned counsel should be paid a reason- able fee in addition to actual overhead and expenses.” 218
In Allegheny County, Pennsylvania, turnover among lawyers is high, which many people attributed to the low salaries. In July 2008, the Defender was advertising an at- torney position with a maximum salary of $3,208.33 per month, or $38,499.96 per year. 213 One Allegheny defender reported that he takes home $24,000 per year, and noted that a lot of the lawyers in the office have second jobs. He said that he planned to get a job waiting tables, which would allow him to make $500 a weekend. Another attorney said that “what we’re paid is barely enough to get by, let alone pay debt.” One of the su- pervisors stated that if they could pay more, they could keep
Problems
The Terrible Toll of America’s Broken Misdemeanor Courts
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