Vanguard Sacramento Bureau Chief
SACRAMENTO, CA – Although about 300 public defender lawyers and deputy district attorneys at one of the state’s busiest courts began a strike Monday outside the Sacramento County Superior Courthouse to garner a bigger pay raise from Sacramento County, at least one group advocating for the incarcerated is suggesting maybe those jailed are now—ironically—getting a better deal.
“In weeks of their preparation for this, most of the public conversation has been centered around their demand for a 12-14 percent pay raise, and little attention has been paid to the strike’s impact on mostly low-income Black and Brown people incarcerated in Sacramento County’s jails who are awaiting their constitutional rights,” said Decarcerate Sacramento in a statement.
The group noted, “81 percent of the jail population is pre-trial, meaning they have the constitutional right to legal representation to preserve their right to be presumed innocent until proven guilty. The county is required by law to provide legal defense for people who can’t afford a lawyer…the Public Defender’s union told the courts that their plan was to defer all clients in need of representation to the Conflict Criminal Defender (private defense attorneys). ”
And, so far, although DS said it supports better pay for public defenders, it claims, “Sacramento County’s Conflict Criminal Defenders (CCD) are stepping up to the plate in this moment of urgency and protecting the rights of their indigent clients.
“With this new defense representation (private lawyers), incarcerated people are finally getting long overdue bail motions and Humphrey’s motions (a 2021 ruling that requires courts to consider one’s ability to pay in setting their bail amount). In just one day, half of CCD’s clients were released from jail, because their defense attorneys ensured their rights were being respected.”
Decarcerate Sacramento added, “As more people are being represented by the Conflict Criminal Defender’s office, we’re seeing greater pre-trial release, keeping families and communities intact and saving precious public dollars…we are seeing an example of defense attorneys and the courts finally holding themselves accountable to federal and state pre-trial laws meant to maintain the presumption of innocence for all people.
“Unfortunately, the Public Defender’s Office has not been fighting for their clients in the same way, not ensuring existing laws like In re Humphrey and In re Welchin are followed—claiming it is too laborious for their staff.”
DS said striking public defenders asked the private defense attorneys to “refuse to accept” new indigent clients until the strike ends.
But, DS noted, “This means that people who cannot afford to pay an attorney, primarily poor Black and Brown people, who are legally entitled to representation, would be left inside a deadly jail indefinitely. This means people’s lives are being used as leverage.”
Decarcerate Sacramento, in its tersely-worded public statement, added, “Public Defenders are putting their clients’ lives, and constitutional rights, in jeopardy. Their actions show us that they are willing to accept thousands of people languishing in jail, unrepresented. This violates every code of ethics that defense attorneys have.
“We are long-time advocates for increased funding to the Public Defender’s Office, but not at the expense of someone else’s life, liberty and constitutional rights. It is not reasonable to ask fellow defense attorneys to sacrifice people’s lives as a form of solidarity.”
About 150 prosecutors, 100 deputy public defenders and some attorneys in child support services said they have been working without a contract since their last labor pact ended in 2022. Their walkout will go through Friday, they claim, according to a Sacramento Bee story.
“We dedicate our lives to defend the most vulnerable among us: the indigent, the marginalized and those who are often left without a voice in our legal system,” said Quoc To, union leader and a senior Sacramento County deputy public defender. “Today, we are forced to stand up for our own rights.”
The prosecutors and public defenders want at least a 5.5 percent pay increase plus retroactive pay, wrote The Bee, adding the lawyers claim “low pay has turned their overworked offices into revolving doors. Mid-level and senior attorneys are increasingly heading to neighboring counties with higher pay and lighter caseloads, they said, leaving work to less-experienced lawyers.”
A strike spokesperson said, “We will show up for every trial that’s already in progress. We will show up for last-day trials, meaning that the accused has a constitutional right to have it within a statutory period, we will show up for the end of that statutory period. We will show up for our last day preliminary hearings.”
