LA County, Public Defenders Union Negotiations Stall, Overwhelming Caseloads Threaten Constitutional Rights
LA County “has refused to address overwhelming caseloads, attorney burnout and poor retention” in stalled contract negotiation, according to the Los Angeles County Public Defenders Union – Local 148, in a press release days before National Public Defense Day (Gideon Day) on March 18.
On March 18, 1963, in Gideon vs Wainwright, the US Supreme Court held unanimously that the Sixth Amendment’s guarantee of the right to counsel is a fundamental right. Writing for the Court, Justice Hugo Black noted that “lawyers in criminal courts are necessities, not luxuries.”
With that in mind, Local 148 President Ruby Mejia, said, “We pose this question: will Los Angeles uphold the Sixth Amendment? Or will it continue to extract labor from dedicated professionals until the system collapses?”
The union says it’s “being pushed to the brink” after a fruitless marathon negotiating session with Interim LA County CEO Joe Nicchitta and Public Defender Ricardo Garcia.
“Our current workloads make it impossible to consistently fulfill our constitutional duty to provide effective assistance of counsel,” the union said in an open letter to the negotiators and the County Board of Supervisors signed by over 330 members that was written in advance of the failed negotiating session. “By refusing to commit to meaningful workload reductions, the County is knowingly tolerating a system that risks ineffective assistance of counsel for some of the most vulnerable residents of Los Angeles,” it said.
“Modern cases demand exponentially more time” compared the 1970s, when standards were set, the letter notes, citing the 2023 National Public Defense Workload Study. “Today, attorneys must review hours of body worn camera footage and digital evidence, analyze complex forensic data, litigate increasingly technical issues, and build trust with clients who often carry profound trauma,” the letter stated. “When those standards are applied to our office, the conclusion is unavoidable we are severely understaffed.”
As a result, “The consequences are immediate and concrete. Overworked public defenders cannot fully investigate cases, litigate necessary motions, or meaningfully prepare for trial without asking clients to remain in custody longer. Instead, attorneys are forced to triage–deciding which clients receive adequate attention and which cases receive only what time allows. That is not zealous advocacy. It is damage control. No defender should have to choose which constitutional rights to protect and which to neglect.”