Kevin Ochalla

Big News! The Cook County Board passed an ordinance on Tuesday, October 17, which secures the rights of assistant Cook County public defenders to bargain collectively through our Union. For the first time since the birth of our Union, our bargaining rights are formally protected.This ordinance is a big victory, coming after many years of attempts to formally protect our bargaining rights. Your Union Executive Board made this ordinance a top priority this year in light of court challenges to attorney unions across the state, and we are excited that our union rights are protected in this manner. We believe that Local 3315 is the only attorney union in the state to successfully obtain this important protection.

Many thanks are due to the people who worked hard to make this happen. Cook County Commissioner Larry Suffredin sponsored the ordinance, and without his leadership, the ordinance would not have been possible. Also, Ray Harris, AFSCME Director of Intergovernmental Affairs, was instrumental in seeing the ordinance become a reality. According to Harris, “We wanted to make sure that we never have to risk any employer trying to take away [Local 3315] or disregard the contract. Now the gains we have won over the years cannot be taken away.”

(Public Defenders thank Commissioner Larry Suffredin for sponsoring the public defender ordinance.)

As reported by the Chicago Daily Law Bulletin on August 17, 2006, the median public defender makes about $13,000 more than the median prosecutor. As this article reported, almost two thirds of our Office now earn over $70,000, while only about a third of prosecutors earn over $70,000.

There are likely several reasons for this apparent difference in pay. One likely explanation is the longevity of assistant public defenders, and the relative lack of attorney attrition. When assistant public defenders stay on the job longer, they naturally attain higher salaries.

Another explanation is undoubtedly the salary gains attained for our members through collective bargaining. The Locals under AFSCME Council 31 fought long and hard for our most recent contract, which secured modest wage increases and reasonable restructuring of health care. In the past, we have been willing to risk wage losses and engage in picketing in an attempt to secure modest raises.

The Union is proud to have played a part in both fighting for a work environment where longevity is possible, and securing meaningful compensation for attorneys engaged in our important work.

As you all probably know by now, Illinois for the first time will require mandatory legal education for all attorneys. What does this mean to you: you will need to attend 20 hours of CLE at seminars that are accredited for MCLE purposes. The Executive Board attempted to negotiate with the Public Defender to formulate a plan through which the Office would provide enough accredited in-house training to satisfy the 20-hour requirement. Without such a plan, assistant public defenders would be left to pay for accredited courses out of our own pockets. The Public Defender refused to work with the Executive Board to formulate such a plan, and further indicated that the Office was not seeking the certified provider status that would permit the Office to provide free CLE course to us in-house.

As of November 15, dozens of legal organizations across the state have successfully applied for certified provider status, allowing the organization to provide free in-house training for attorneys. Among the certified providers are the Cook County State’s Attorney Office, the Illinois Attorney General Office, and many bar associations across the state. Unfortunately, our Office has yet to seek or obtain certified provider status.

The Executive Board will continue to negotiate with the Public Defender to obtain a meaningful plan that would avoid us all having to pay for this required training. If the Public Defender does not agree to a plan that accomplishes this goal, the Executive Board will seek ways to accomplish this goal independently. We will keep you updated on this important issue, and seek your input should the Board need to act independently.