Updated Aug. 22, 11:50 a.m.
Sacramento County government attorneys could strike next week for the first time in 18 years if their union and the county don’t reach an agreement on pay.
The Sacramento County Attorneys Association, which includes about 300 prosecutors, public defenders and child support lawyers, want at least the 5.5% raise a fact-finding panel recommended to settle the impasse.
Matt Chisholm, the union president and a principal attorney in the District Attorney’s Office, said the county hasn’t claimed it can’t afford the raises since the last contract expired in June 2022. The county and union later extended the contract through June 2025, but the union has argued more competitive salaries could help relieve struggles to recruit and retain experienced attorneys. The attorneys association is also requesting retroactive pay for the equity adjustment the panel recommended.
"We really are the backbone of the criminal justice system," Chisholm said. "So to let a labor dispute go on to this level I think it's irresponsible of government."
The Sacramento County Board of Supervisors approved $6 million in budget cuts this June, far less than the $66 million deficit the City of Sacramento closed by increasing fees and cutting services. The county believes salaries for the highest level attorneys are very generous for the market, county spokesperson Kim Nava said in an email.
The county and attorneys association last approved raises in a December 2022 agreement, but Nava and union representatives dispute the significance. The union said the raises were cost of living adjustments and were the same as those secured by every non-management county union. Pay increases above the cost-of-living adjustments were granted only to longtime employees. Nava said the agreement boosted attorney salaries by 14% to 15%, meaning the union is asking for an additional 5.5% increase about two years later.
She added the fact that most county attorney positions are filled supports the county’s position that wages are sufficient. Principal attorney jobs had a 1.8% vacancy rate compared to the county’s overall vacancy rate of 11.8% as of June 30, according to a county press release.
But Quoc To, a senior attorney with the Public Defender’s Office on the union’s board, said staff are dealing with a high turnover rate and workload. When the Board of Supervisors approved 16 new jobs for the Public Defender’s Office last year, To said it took nine months to fill them with mostly young attorneys who are required to work on serious cases without building up experience. More than a third of the new hires left within a year, To said.
“When there’s that revolving door, you’re losing out on the ability to effectively process the type of cases that you need,” To said. “Also when there’s a revolving door, cases get continually transferred. New attorneys, even experienced ones, they need time to review and prepare for those cases.”
Some court hearings will face short delays if the attorneys go on strike. The county has contingency plans to assign a limited number of cases to private attorneys on the indigent defense panel, Nava said. But she said a walkout won’t affect trials.
“All in-custody arrests will be timely reviewed,” Nava said in an email. “There should be no interruptions to arraignments. A limited number of attorneys will be working during the strike to ensure the county meets its legal obligations.”
Chisholm and To said the union plans to ensure the most critical aspects of hearings and trials continue normally. Both prosecutors and public defenders want to balance their ethical duty to their clients and commitment to public safety with asserting their rights as employees, they said. The union approved a week-long strike by a 94% vote and could vote to extend it, if an agreement is not reached.
The Sacramento County Attorneys Association last went on strike in September 2006, Nava said in an email. If attorneys begin their walk out on Monday, it will be the first time a union representing Sacramento County workers have gone on strike since 2015, Nava said.
Editor's note: This story was updated to reflect the contract extension and raises approved in a December 2022 agreement.
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