As we begin the new year, I want to let you know of two recent positive developments regarding our efforts to increase compensation for all CPCS staff and private attorneys: the CPCS fiscal year 2016 budget request to the Governor and the Legislature and the results of the Governor’s Commission to Study Compensation of Assistant District Attorneys and Staff Attorneys for the Committee for Public Counsel Services.
As you all know, our salary scale significantly impacts how we are able to support our staff in delivering high quality indigent representation as well as how we as an agency fulfill our mission. With that in mind, below are some key highlights followed by greater detail for those who are interested.
SUMMARY:
Fiscal Year 2016 Budget Request:
- The CPCS fiscal year 2016 budget includes a request for funding for a substantial salary increase for all staff.
- Increase attorney salaries to parity with Executive Branch attorneys. Starting salaries would increase to $55,000; salaries for other full-time attorneys would increase by an average of about $15,000.
- Increase salaries for professional and administrative staff to provide parity with similar Executive Branch positions.
- Increase the mileage reimbursement rate for all staff from .30/mile to .45/mile.
Governor’s Commission to Study Compensation of Assistant District Attorneys and Staff Attorneys for the Committee for Public Counsel Services:
- The Commission recommends that the starting salaries of both PDs and ADAs be increased to $55,360 which is similar to the starting salary of attorneys in the Commonwealth’s Executive Branch which is in line with the CPCS budget request.
- The Commission also recommends the need for substantial additional funding to increase salaries for attorneys with more experience, to reduce attrition and retain quality staff.
DETAILS:
Fiscal Year 2016 Budget Request:
The CPCS Committee approved a Fiscal Year 2016 budget request that will be submitted to Governor-Elect Baker and the Legislature as they begin their work on producing a budget for the fiscal year that begins July 1, 2015. The total requested amount of the request is $239,481,346, which is an increase of $35.5M over planned fiscal year 2015 spending. The proposal is comprised of:
a) Maintenance Budget Proposal in the amount of $210,865,862. The Maintenance Budget would essentially allow us to continue at the current level of services, allowing us to maintain staffing levels including filling all our current vacancies. The request also includes a 3% cost-of-living adjustment for staff. The line item accounts for paying the private attorneys and vendors are based on what we are forecasting to spend in these two areas in the current fiscal year.
b) Expansion Budget Proposal in the amount of $28,615,484. The Expansion request is an attempt to highlight for our funders all of the challenges that CPCS faces as an agency. The request includes the following:
- Funding to increase attorney salary levels to a level of parity with the Executive Branch attorneys. Under the proposal, starting salaries would increase to $55,000; the first step on our attorney pay scales would increase by $15,000; overall result would mean an average increase of $15,000 per case-carrying attorney and staff counsel.
- Funding to increase salaries for all our other professional and administrative staff to a level of parity with similar Executive Branch positions. While the average salary increase varies by position category, salaries for non-attorneys would increase by an average of about $10,365.
- Funding to increase the hourly rate paid to the private bar to the levels recommended in 2005 by the “Commission to Study the Provision of Counsel to Indigent persons in Massachusetts”.
- Funding to increase the mileage reimbursement rate for all staff from .30/mile to .45/mile.
The FY 2016 Budget Proposal reflects our continued commitment to our statutory and constitutional responsibilities to provide effective representation to our clients who otherwise cannot afford it. It also recognizes the need for CPCS to maintain staffing levels necessary to achieve the legislative mandate of for staff attorneys to handle 25% of the overall indigent defense caseload. In addition, the proposal addresses the critical need for substantial salary relief for all staff, recognizing how salaries have fallen far behind most other state employee salaries. Finally, it recognizes the need to revisit the hourly rates paid to our private bar assigned counsel, whose rates have not been adjusted since 2005.
Governor’s Commission to Study Compensation of Assistant District Attorneys and Staff Attorneys for the Committee for Public Counsel Services:
The Report issued by the Commission to Study Compensation of Assistant District Attorneys and Staff Attorneys for the Committee for Public Counsel Services, along with the letter from Governor Patrick to the legislative leadership endorsing the recommendations of the report. The report builds on the Massachusetts Bar Association Report (MBA) which was released last spring, finding that salaries for both CPCS staff attorneys (PDs) and assistant district attorneys (ADAs) are inadequate and should be substantially increased.
Specifically, the Commission recommends that the starting salaries of both PDs and ADAs be increased to $55,360, which is similar to the starting salary of attorneys in the Commonwealth’s Executive Branch. Although not specific, the Commission also recognizes the critical need to provide additional funding to raise the salaries of attorneys with experience so as to allow CPCS and the District Attorneys to retain these attorneys. The report acknowledges the need for substantial funding to increase all salaries, not just the starting salaries, to minimize attrition and to prevent the loss of more experienced attorneys who are critical to the success of both CPCS and the District Attorney’s offices.
The report is another positive step in our work towards achieving salary relief, although it is not perfect and reflects the divergent voices of the different Commission members. Although our Committee approved a Fiscal Year 2016 Budget proposal that requests funding for significant salary relief for attorneys in a single year (as well as for all our professional staff), the Commission acknowledges the Commonwealth’s fiscal reality by suggesting the increase be phased in over a three year period. This is unfortunate but not unexpected given the current predictions of a large budget shortfall in the fiscal year 2015 state budget. Some fiscal analysts say the budget gap could be as high as $750 million.
The biggest achievement was the Commission recognizing that the responsibilities of PDs and ADAs meet or exceed those of Executive Branch attorneys and that the compensation should be similar.
Recognizing the need for equity with the Executive Branch is a major step forward and will continue to be a key focus of our salary advocacy with the incoming Governor and the Legislature. The Commission report is definitely another positive step in our work on increasing compensation for agency staff and for private attorneys.
Although the Commission focused its work on the CPCS staff attorneys, we remain committed to advocating for a significant salary increase for all our staff, as approved by the CPCS Committee in its Fiscal Year 2016 budget proposal. Additionally, we remain committed in our advocacy to increase the hourly rates paid to the private bar.
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