This is because unionized lawyers claim they have been overwhelmed by the coronavirus pandemic and their caseloads have become too large to manage.
Cara Gilbert stated that she feels a deep obligation to her clients in Ramsey County juvenile court, where they are mostly "the most vulnerable young kids of color." However, she also said that the workload has become too much for her and her fellow public defense officers, who voted with an 80% margin to authorize strikes. Their pay is far below that of the prosecutors sitting across from them.
"I have been a public defense attorney for seven years. Gilbert stated that she makes less than a county attorney's first-year attorney. She said that public defenders are not likely to be equal with prosecutors in the next contract but they want to make progress.
If the strike continues, the striking 470 public defense workers and 200 support staff could cause much of Minnesota's state courts to be shut down. Although Minnesota is the only state in which public defenders are at risk of walking out, observers of the legal system say that the same pressures are felt throughout the country. It's mostly the most vulnerable defendants, mostly those of color, who are hurt.
Minnesota has one of America's most effective public defense systems, especially when it comes down to tracking workloads. Stephen Hanlon, an attorney from St. Louis, Missouri who is widely regarded as one the nation's foremost experts on public defenders, stated that Minnesota actually has one. Although it could be better than most, he said that Minnesota is well-positioned to make improvements. However, all states have struggled for decades to adequately finance them.
"The entire system, as we know it, is systemically unethical, systemically unconstitutional and everyone knows it. Hanlon stated that the system is causing a lot harm to Black and Brown people. This is not equal justice according to the law. It is unequal justice under law and it must stop.
In the hope of avoiding a strike, negotiators from the attorneys and the Minnesota Board of Public Defense will meet with a state mediator beginning Friday. Friday marks the 59th anniversary for the U.S. The landmark "Gideon", Supreme Court decision that the states must provide legal representation for criminal defendants who cannot afford it, was held by the Supreme Court.
Public defender strikes of this scale are rare. Ventura County, California saw a one-day strike by attorneys in 1995. However, many of these lawyers are not unionized in other states. Many jurisdictions have private practice lawyers who represent indigent clients.
Hanlon stated that the only major act comparable to the Minnesota strike was the Massachusetts rebellion by private lawyers against the low salaries they were receiving for their work in public defense. The legislature and the then-Gov were ultimately compelled to resolve a 2004 class-action suit. Mitt Romney raised their funding by more that 50%.
It is not clear how Minnesota's courts will function in the event there is a strike. The Minnesota Judicial Branch is yet to release a plan. They have declined to comment, except for a brief statement that stated, "We hope the union can reach an agreement during cooling-off period and prevent a strike."
The board's State Public Defender Bill Ward said that he doesn't believe it prudent to make comments while negotiations are ongoing.
Gus Froemke of Teamsters Local 320, which represents attorneys and support staff, stated that they assume the courts will follow the same procedures as when they closed down for COVID-19. This applies to all but the most important business. This created a massive backlog, which the courts are still trying clear. Although the board indicated that it would continue to work with supervisory lawyers, it is not clear how this would work in practice.
Gilbert stated that "We represent more than 80% of those in the criminal justice systems." "And so, the question is how much and how long that management can handle. That's it. This is our pressure point.
In January, the Minnesota Board of Public Defense admitted to legislators that its attorney staffing was only 75% of what is recommended by the American Bar Association. It's also just 60% for support staff. For the past fiscal year, the board had a budget in excess of $101 million. Although funding has increased over time, union officials and officials agree that caseloads are still too high.
The House Judiciary Committee chair, Democratic Rep. Jamie BeckerFinn of Roseville, presented a bill to increase the board's funding to $50 million. This was in response to the board's demand to meet national standards. She stated that she will give the hearing a hearing and that she hopes that Republicans in the state Senate will eventually agree to fund at most part of the $50 million from the state’s $9.25billion budget surplus. She also said that it shouldn't be a political issue because the state is constitutionally mandated to fund public defenses.
Becker-Finn stated that "we haven't done right by our citizens" and that this must change.
Hanlon stated that the 1973 national caseload standards are inadequate and criticized the legal profession for allowing the system to continue for so long. He said that this could change. A group of experts representing several organizations will meet next month in order to analyze data from workload studies in 17 states. They will then issue their final report in august. Those studies include seven Hanlon-led ones that included reports in January that showed severe overloads in Oregon, and New Mexico.
He said that they will present their findings to a U.S. House Judiciary Subcommittee hearing on legislation originally proposed by Vice President Kamala Harris back when she was a senator to increase funding for public defence.
Hanlon stated, "I am very optimistic." "I believe we are on the verge a real breakthrough in this area."