INDIANAPOLIS — In a historic move, Marion County public defenders are unionizing to fight for better pay and more manageable caseloads.
This week, eligible employees approved joining the union with a 73% vote.
The decision comes as WRTV Investigates exposed a growing statewide attorney shortage that is impacting public safety, your tax dollars, and the wheels of justice.
IBEW, the International Brotherhood of Electrical Workers, will represent attorneys, support staff, front desk staff, paralegals, scanners and investigators at the Marion County Public Defender’s Office.
“Everyone who is not a manager is included in the union,” said Lucky Frick, a public defender who helped lead the effort to unionize.
COMPENSATION
- $63,000- Starting pay in the Marion County Public Defender’s office
- $77,304- Median pay for deputy public defenders in Indiana (of the 67 counties participating in the Public Defender Commission)
- $142,599- Average pay for Indiana lawyers in 2022
"What I'm hoping for immediately with our first-year contract is that we all get raises because all of us are woefully underpaid,” said Frick. “Some of our investigators have been working here for 20 years and they don't get paid over $50,000, which is wild. They do such crucial work. Our paralegals — most of them — are in the very low 40s.”
Frick said while public defenders have unionized in other states, Marion County is the first public defender’s office in Indiana to do so.
"It's really hard to be effective at this work if you feel overworked, underpaid and taken advantage of,” said Frick.
Marion County has 150 public defenders, but the top public defender said the office should have 185 attorneys to be fully staffed.
"We are just bleeding good talent,” said Frick.
Attorneys are leaving due to pay and overwhelming caseloads.
As WRTV Investigates reported, Frick has 55 cases she’s juggling, and some public defenders have more than 70 active cases.
"I'm hoping long term that we will have a lower caseload,” said Frick. “I would say most of us feel that we are running too thin with far too many clients."
Frick said prosecutors in Marion County are also considering unionizing.
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WRTV Investigates reached out to the Indianapolis City County Council.
Driven by a commitment to justice and fairness, Public Defenders play a crucial role in the criminal justice system by ensuring that individuals, regardless of their means, have access to legal representation. Given that they are often working under heavy caseloads and resource constraints, the starting salary for an attorney at the Public Defender’s Office has increased by 34 percent since 2019.
Public Safety is a top priority for members of the Council and we will continue our efforts to address the shortage of attorneys and to better ensure that their starting salaries and all other city and county agency employees are competitive.
WRTV received a statement from IBEW:
The Marion County Public Defender Agency (MCPDA) has successfully formed a union with 72.6% of its 219 employees submitting union authorization cards. MCPDA employees led the decision to unionize with a focus on securing fair pay and equitable working conditions for all employees from administrative staff to attorney team leads. A group of dedicated employees approached the International Brotherhood of Electrical Workers (IBEW) Local 481 in November 2021 with the vision of forming a union.
To kickstart their journey, MCPDA employees attended two information sessions at the Local 481 Union Hall to learn about the process of forming a union. MCPDA formed a Voluntary Organizing Committee (VOC) consisting of individuals dedicated to educating their colleagues about the benefits of unionization. Local 481 empowered the VOC to campaign and hold leafletting sessions to spread awareness and gain additional support. Two rallies were held where MCPDA employees voiced their concerns and aspirations.
Moving forward, the City has a duty to bargain with IBEW Local 481 as the sole representative for the collective bargaining unit. Contract negotiations will begin immediately and are expected to take place over the next 6 to 18 months. IBEW Local 481 remains dedicated to securing a fair and equitable agreement that addresses the needs and aspirations of the MCPDA employees.
Expressing his enthusiasm for the MCPDA, Local 481 Business Representative Lance Bradbury stated, “The employees of the MCPDA are an inspiration to all those who feel neglected or underappreciated by their employer. By sticking together and working hard, they've won a seat at the table to negotiate their own future. This isn't just about money; this bargaining unit will ensure raises are equitable across job classifications, caseloads will correspond to compensation, or additional attorneys will be hired, and employees will have a say in the future of the agency. This win will not just benefit the employees of the MCPDA; it will benefit all of the citizens of Marion County.”
This unionization is a monumental achievement for the MCPDA employees and will lead to a more just and equitable workplace. The MCPDA is excited about the positive changes to come that will benefit both its workforce and the community it serves.
You can watch our entire Attorney Shortage series here.
