November 20, 2007- Today, AFSCME Council 31 announced that the Union will file suit against the County Board President Todd Stroger, asserting that Stroger has improperly suppressed staffing levels at the Office of the Public Defender, and improperly laid off 13 assistant public defenders earlier this year, both in violation of state law.This suit will be filed at the request of the Executive Board of Public Defender Local 3315.Since the 2007 budget process and the improper public defender layoffs, the Executive Board has been working to address our unacceptable staffing levels. We will be seeking injunctive relief, and back pay for attorneys who were laid off. We are represented by the law firm of Cornfield & Feldman in this suit.Specifically, the lawsuit will assert that state law grants only the County Board the authority to set staffing levels in the Cook County Public Defender Office. When the County Board exercised this authority during the 2007 budget process, the Board authorized enough positions for every assistant public defender then employed by the Office. In contravention to this staffing plan by the County Board, President Stroger laid off 13 assistant public defenders.In addition to layoffs, the suit will allege that President Stroger improperly permitted the number of attorneys in the Office to decline further by refusing to hire assistant public defenders to replace the dozens of attorneys who have recently left our Office, further acting in contravention of the County Board staffing plan and state law. The lawsuit will seek an injunction that prevents President Stroger from disregarding the authority of the County Board to set staffing levels in the Office of the Public Defender, will seek a declaration that President Stroger must take necessary steps to increase the number of attorneys in the Office to the level authorized by the County Board, and will seek back pay for our members who were improperly laid off in 2007.Through this lawsuit, AFSCME Council 31 and your Executive Board hope to restore justice to this Office and its clients by fighting for appropriate staffing levels. One measure of justice in our system is the caseloads carried by our attorneys. In an Office where caseloads are excessive by any measure, justice requires that action be taken to fully staff our Office.
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