ABA urges financial assistance for prosecutors and public defenders

“The constitutional rights at stake in criminal law trials are of concern to all levels of government,” wrote the ABA [PDF] to the chair and ranking minority member of the Senate Judiciary Committee, Sens. Patrick Leahy and Arlen Specter. “It is appropriate and necessary that the federal government share in easing the financial burdens shouldered by law graduates who pursue such laudable and necessary public service careers.”

The ABA’s letter was submitted in connection with the committee’s Feb. 27 hearing on S. 442, the John R. Justice Prosecutors and Defenders Incentive Act of 2007. The bill would establish a program, administered by the Department of Justice, under which state and local prosecutors and federal, state and local public defenders would receive up to $10,000 per year, to a maximum of $60,000, in exchange for a commitment of at least three years of qualifying service.

In introducing S.442, Sen. Richard Durbin noted that the bill would establish a student loan repayment program for qualified attorneys who agree to remain employed for at least three years in certain public sector employment. The ABA noted that the average private law school graduate in 2005 had incurred $79,000 in debt, while students at public institutions borrowed on average $51,000. According to the Department of Education, the average student carries $20,000 in undergraduate debt before pursuing a career in law.

Stressing that the bill represents “an important tool for attracting and retaining talented lawyers who can develop a professionalism, competence and efficiency that comes with longer terms of service than many can currently afford,” the association urged the committee to adopt S.442. The proposal is based upon an existing program for federal prosecutors.

The ABA also supports inclusion in the legislation of prosecutors and public defenders who work on juvenile delinquency cases. Further, “The ABA supports similar assistance for all lawyers who seek public service positions, including government, legal aid and others. Accordingly, we support S.442 as an important first step in addressing this growing crisis in our public legal system.”

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