Thank you for sitting down with us! Tell us a little bit about why the efforts to unionize came about.
In short, caseloads and pay. These are universal issues for public defenders and support staff at all PD agencies. Many public defenders love the work but ultimately leave because they are underpaid and overworked. During the COVID-19 pandemic, caseloads skyrocketed, and the numbers really haven’t come down. As a result, we have been bleeding talent. First, we want PDs and PD employees to feel their work is valued, which is signaled by pay. Second, we want them to have reasonable caseloads so they can meaningfully represent their clients. This benefits everyone.
How did the unionization process begin?
We initially began quietly talking with individuals who have backgrounds in organizing to understand the mechanics. We then began our unionization drive with an education campaign. This included after hours meetings on Fridays at the City Market, an informational meeting and lunch with an International Brotherhood of Electrical Workers (“IBEW”) attorney, and flyering. We saw slow growth over time as the message got out. We were fortunate to receive sincere support from many of the MCPDA supervisors.
We then began a targeted campaign seeking authorization cards from potential union members. An authorization card empowers a local chapter of a national union to represent an employee in the collective bargaining process. In our case, we worked with IBEW Local 481. We were able to get enough authorization cards signed to allow IBEW to represent our bargaining unit. IBEW is now engaged in the formal union recognition process on our behalf.
Is MCPDA the first public defender agency to attempt unionization?
No. There has been an increase in public defense unionization efforts across the country, such as the Louisville Metro Public Defenders Union and the Defender Association of Philadelphia. However, some offices have been unionized for decades, such as the Association of Legal Aid Attorneys in New York.
What happens next?
IBEW is currently working with MCPDA leadership and city leadership on authorization. We do not currently have a set timeline but are excited that the process has been happening faster than anticipated.
What advice would you give law students or other young lawyers interested in public defense?
Buckle up! Public defense is really rewarding work, but it is extremely important to develop a robust self-care practice. Mine includes yoga, meditation, a great therapist, celebrity trash, and I jealously guard my free time. I also think anyone who works in the criminal legal system needs a strong anti-racism and anti-bias practice. That can look like a lot of things, but for example, I have attended anti-racism seminars, and I choose movies, books, and podcasts created by folks whose identities I don’t share. (For PD work, I started with every class Prof. Florence Roisman offers, Queer (In)justice, The New Jim Crow, and White Supremacy and Me.)
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