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Prosecutors' Union Files Claim To Address Attorney Turnover

State Facing Staffing Shortage Of Prosecutors

Updated: 8:48 am CDT September 16, 2008

Some Wisconsin prosecutors said that there's a crisis brewing in the state's courtrooms.

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With many attorneys leaving their positions in search of new jobs, the union that represents about 340 assistant district attorneys filed a claim against the state on Monday to get prosecutors better pay.

The claim was filed against the state Office of Employee Relations. It accused the agency of bargaining in bad faith for allegedly not addressing a huge turnover problem among prosecutors.

Officials with the Association of State Prosecutors said that Wisconsin has lost more than 70 percent of its full-time prosecutors since 2001 when the state stopped paying them for their experience, called "pay progression," WISC-TV reported.

They said that Wisconsin has lost about 72 percent --or about 250 of its prosecutors -- since 2001, a drop that officials characterized as "an alarmingly high rate."

Union officials said that the massive turnover in prosecutor ranks "threatens to cripple crime fighting efforts statewide."

Officials filed a complaint with state employment officials alleging the Office of State Employee Relations didn't make them a new wage offer for seven months. They said that state officials didn't make them a new wage offer until February 2008.

The group believes the drop-off is linked to a lack of predictable pay raises.

Right now, prosecutors start at $47,000 a year. The union said that before 2001, it only took 17 years to reach the top of the scale -- about $116,000. They said it takes an unrealistic 60 years to reach the maximum, WISC-TV reported.

Association officials said more money is needed for more experienced prosecutors to keep them in the system. The union said the state also needs to add positions to address a critical staffing shortage.

Some prosecutor said that they hope to reverse that trend once again, and filed the labor relations claim against the state to try to do that.

The union attorneys have been working without a contract since their old one expired on June 30, 2007.

They said that lawyers with six or more years of experience have left due to low pay and that means less experienced prosecutors to handle understaffed offices. A bipartisan audit report last year said the state was short 100 prosecutors.

Some district attorneys said that it's all forcing staff to give less serious crimes a slap on the wrist, WISC-TV reported.

Winnebago County District Attorney Christian Gossett said that the dwindling number of lawyers means prosecutors have to focus on the most serious offenses.

"Other criminals aren't being prosecuted as seriously," said Gossett.

Gossett said that he backs the union claim. He said he's short five prosecutors out of an office of 10. He said that his staff have to pick and choose what they prosecute, and often seek lesser penalties that they want to.

Dane County District Attorney Brian Blanchard said his office alone is short 11 prosecutors. It has just more than 28 right now.

The ASP said that due to cutbacks in federal funding, at least eight prosecutors will be terminated. Others could face layoffs too, WISC-TV reported.

Union officials said that the state's currently offering prosecutors a pay hike of 4 percent over 2007 and 2008 with a bump of 1 percent and $1,200 in late 2008.

Gov. Jim Doyle and his chief of Employment Relations both declined to comment.

OSER Secretary Jennifer Donnelly said that the office hasn't violated any state labor laws. She said the association's bargaining team should return to the table to discuss their concerns.

"I am confident that our office has not engaged in conduct which might violate state labor laws," Donnelly said in a statement. "We will vigorously defend any action filed against us. We continue to encourage the ... state prosecutors' bargaining team ... to get back to the table."

Stay tuned to WISC-TV and Channel 3000 for continuing coverage.

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