In a powerful display of unity and determination, nearly 60 appellate public defenders rallied outside City Hall on Wednesday, pressing the city to allocate necessary funding and implement wage increases for attorneys. The protest comes as a mass strike of public defenders threatens to disrupt the court system significantly.
Organized by the Association of Legal Advocates and Attorneys (ALAA), the largest public defender union in the city, participants urged the Mayor’s Office of Criminal Justice (MOCJ) and the Office of Management and Budget (OMB) to enhance funding for their offices. A key demand of the rally was to raise the wage floor for all appellate service providers.
According to ALAA, many appellate service providers earn less than $50,000 a year, a salary deemed insufficient to cover living costs amid increasing workloads. The plight is further compounded by offers from the city consisting of either a pay freeze or a mere 3 percent raise, which, according to organizers, falls vastly short of what is necessary.
“If wages aren’t increased, we could see reduced services for appellate clients,” warned ALAA Leave of Absence Organizer Estefania Rodriguez. “Work will continue to be undone, clients’ needs aren’t going to be met, and court appearances could be delayed, which jeopardizes the representation they require.”
The rally attracted not only attorneys and staff from various appellate service organizations including the Center for Appellate Litigation, Appellate Advocates, and the Office of the Appellate Defender but also a broad array of public advocates.
With over 3,400 public defenders under its wing, ALAA is currently engaged in contract negotiations with the Legal Aid Society. Notably, contracts for nearly two dozen legal services providers represented by ALAA are scheduled to expire on June 30. The simultaneous expiration of these contracts was a strategic move initiated by the union to strengthen its bargaining position this year.
Appellate service providers specialize in assisting individuals who have already been convicted of crimes and are incarcerated, guiding them through the appeals process or directing them to other necessary services. The workload for appellate public defenders has particularly surged, as the resolution of cases can take several years.
“It’s always increasing; it builds up,” stated Senior Staff Attorney at the Office of the Appellate Defender, Sam Steinbock-Pratt. “When you handle a case, it can take a considerable amount of time, and clients are often waiting for medical care or experiencing abuse by correctional officers.”
Unlike public defenders handling cases in Criminal or Civil Court, appellate public defenders do not conclude their involvement once a client’s case reaches a verdict. They continue to advocate on behalf of clients needing medical aide or facing potential deportation due to their immigration status.
“I’ve had clients who were denied surgery, and others who were battered by guards,” Steinbock-Pratt explained. “Even when a case is officially closed, we continue working to ensure our clients receive the assistance they need.”
Steinbock-Pratt expressed a deep concern that inadequate pay could encourage attorneys to seek other opportunities. “I’m not worried about staff refusing to take on more clients due to high workloads,” he noted. “However, I am concerned that compensation so low might push attorneys to consider working in environments that provide a livable wage.”
This potential loss wouldn’t just undermine the ability to advocate effectively but could also deplete the institutional knowledge vital to represent clients adequately. “So much of the work is incredibly specific, and losing that knowledge would mean losing a capacity to advocate as effectively as we can,” he added.
Steinbock-Pratt lamented that many appellate offices have already experienced a significant brain drain following the COVID-19 pandemic, which drove numerous attorneys to either leave the city or transition into private practice. Although the offices have gradually restored their ranks over the years, rising living costs in the city and overwhelming caseloads have hindered recruitment efforts.
“If we do not acquire the necessary funding to retain existing staff and hire additional personnel, that institutional knowledge will be lost, worsening our situation,” he stressed.
Recently, the city proposed an additional $7.5 million for appellate providers, but this funding was conspicuously absent from the mayor’s initial budget outline made public in January. ALAA organizers insist that the possibility of a strike is genuine and that they will continue to hold significant rallies and events in the lead-up to the June 30 contract expiration.
“We are hopeful that management addresses our demands to avert the likelihood of a strike,” remarked Rodriguez. “By holding these actions, we have made it clear that we are prepared to escalate our efforts as necessary, and it remains to be seen if management understands the urgency.”
Neither the Office of Appellate Defenders nor the Center for Appellate Litigation responded to requests for comments, and Appellate Advocates declined to comment further.
Attorneys from various organizations including the New York Legal Assistance Group, Bronx Defenders, Center for Appellate Litigation, Appellate Advocates, Office of Appellate Defenders, RiseBoro, Goddard Riverside Law Project, Urban Justice Center, and CAMBA Legal Services are actively negotiating their contracts with their respective employers.
During a City Council budget hearing on May 29, ALAA representatives urged the city to invest at least $74 million in the Legal Aid Society to meet their necessary demands.
“If negotiations do not produce satisfactory results in the coming month, we are prepared to withdraw our labor and disrupt essential city services to ensure we receive a fair contract,” declared Jane Fox, ALAA’s Legal Aid Society chapter chair, during the hearing. “City officials have the power to invest in their communities by adequately supporting us.”
At the Wednesday rally, appellate attorneys, public advocates, and paralegals reiterated a central point: no one enters public defense with the aim of accumulating wealth; their commitment derives from the importance of their work. Appellate attorneys frequently serve as the final line of defense for disadvantaged clients facing against wrongful convictions, excessive sentences, or deportations. Organizers underscored that the absence of pay increases diminishes not only the value of the attorneys but also the crucial services offered to vulnerable clients.
“I’m fed up with hearing that the only path to thriving in this city is through corporate work or abandoning the very work we are passionate about,” voiced Aidan Auel, a Client Advocate at the Center for Appellate Litigation, eliciting cheers from the assembled legal workers.
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