Paying law-and-order public servants low salaries comes at a high — and dangerous — cost | Opinion
As Florida comes out of recent social discord and the pandemic-induced fog that settled over our communities and businesses, we have only just begun to recognize the less overt impact of these events.
Everyone is looking to hire workers, offering competitive salaries and sign-on bonuses. This is obvious when you drive by businesses, such as trucking firms, supermarkets — and even hospitals — all declaring “We’re Hiring!”
A less visible labor problem is affecting our criminal-justice system. Today, those who make Florida’s criminal courts function — our assistant state attorneys (ASAs) and assistant public defenders (APDs) — are leaving public service faster than others can be trained to replace them. Their unacceptably low salaries are a serious problem.
For crime victims and criminal defendants, ASAs and APDs are the primary voices speaking for them. A shrinking number of prosecutors means crime victims face lengthy delays before getting their day in court.
These delays add to the emotional and psychological scarring that crime victimization inevitably creates. Many victims give up, causing their cases to fall apart and forcing us to drop the charges. For those who have suffered at the hands of a perpetrator, justice delayed, delayed and delayed again truly is justice denied.
High turnover rates create situations where attorneys handle serious cases, including armed robberies, rapes and attempted murders long before they are ready to do so, leading to potentially worse outcomes for the prosecution, defense and community.
At last count, Florida had more than 270 attorney vacancies, and the numbers increase daily as potential hires and trial-experienced prosecutors are lured from our offices by much higher salaries that other public agencies and civil law firms offer. I have lost more than 70 prosecutors in the last year and have only been able to replace 19.
Florida has at least 450 support-staff vacancies for the essential staff who create files, gather case materials and discovery, schedule depositions and other matters, and who ensure victims and other witnesses are available for trial. This includes victim specialists who assist the traumatized families of murder and violent-crime victims through inevitable delays and eventual courtroom confrontations.
In my office alone, we have been unable to fill 187 support-staff vacancies. Many hardcore criminals calculate that fragile victims will crumble, providing offenders with an easy path to freedom. Without sufficient prosecutors and support staff, their gambles often benefit the criminal — to the detriment of the community.
Living in Miami is extraordinarily expensive. Home values here rose by 17% over last year, typically to $440,360, while the average price for a one-bedroom apartment in Miami is up to approximately $2,170 a month. It was recently reported that Miami-Dade now has the second-highest cost of housing, surpassing Los Angeles and second only to New York City.
Today, we are asking starting lawyers to protect our community and bear the costs of daily living for $50,000, while repaying law school loans averaging $160,000. With private law firms paying significantly more than the starting salaries approved by the Florida Legislature — including medium-sized firms that often pay double what we do and large firms that pay up to quadruple what we do —the offices of the state attorney and public defender are finding it increasingly difficult to compete for talent. Public service is a commendable calling, but our lawyers should not have to take a vow of poverty to do it.
We require our attorneys and staff to manage crushing caseloads exacerbated by backlogs created by the pandemic, while dealing with the stress of making financial ends meet. Our salary levels limit the pool of applicants to only those who can afford to work in public service, excluding those from diverse backgrounds and cultures whose unique perspectives and experiences can add greater insight and understanding to our criminal-justice system.
The victims of our inability to hire and maintain lawyers and legal staff are the residents of our communities. Our serious staffing problems can only be remedied by creating a better pay scale for our lawyers and staff, one more commensurate with their tremendous responsibility.
This developing situation affects the personal security of each and every one of us. It affects the very safety of our streets and should be a priority for our governor, Legislature and civic leadership throughout our community and state.
Our safety depends on it.
Kathy Fernandez Rundle is Miami-Dade County state attorney.
This story was originally published December 17, 2021 at 4:44 PM.