Durbin Legislation for Student Loan Relief for Young Prosecutors, Public Defenders Approved by Judiciary Committee

DURBIN LEGISLATION FOR STUDENT LOAN RELIEF FOR YOUNG PROSECUTORS, PUBLIC DEFENDERS APPROVED BY JUDICIARY COMMITTEE

Bipartisan legislation introduced by U.S. Senator Dick Durbin (D-IL) to make public service more viable for law graduates was approved today by the Senate Judiciary Committee. Durbin's legislation, co-sponsored by the chairman of the Senate Judiciary Committee, Sen. Arlen Specter (R-PA) and Sen. Mike DeWine (R-OH), is considered "the highest priority for criminal prosecutors and defenders."

With the average law graduate carrying a staggering amount of student loan debt - $97,763 for those who attended private schools, and $66,810 for public schools - Durbin's bill would establish a student loan repayment option for full-time prosecutors and public defenders who agree to serve as public interest attorneys for a minimum of three years.

"With the cost of law school continuing to climb, some of the best law students cannot serve as criminal prosecutors or defenders because of student loan obligations," Durbin said. "Student loan assistance will help those outstanding law school graduates choose from public service."

Durbin cited the contrast between the average loan debt for today's law school graduate and the average entry-level salary for a prosecutor or public defender as evidence of the need for relief. In 2004, almost 87 percent of law students borrowed to finance their legal education, and the amount borrowed by many students exceeds $80,000. Many of these students also carried unpaid debt from their undergraduate studies. At the same time, the median entry-level salary for public defenders is $39,000 per year and the starting salaries for local prosecuting attorneys is similar, starting at about $40,000 per year.

From an employer's prospective, low salaries and high debt make it extremely difficult to recruit and retain attorneys in prosecutor and public defender offices. The Department of Justice has found that almost one-third of prosecutor's offices reported problems with recruitment and retention of staff attorneys.

"Today's action by the Senate Judiciary Committee is very good news -- not only for the young men and women who will benefit from this program directly, but also for the victims of crime," said Paul Logli, President of the National District Attorneys Association and States Attorney in Winnebago County, Illinois. "If we want to attract the best and brightest young attorneys to handle significant cases, then we need legislation like this."

In addition, results of a survey by Equal Justice Works and the Partnership for Public Service show that a majority of public interest law employers, including public defender offices, report significant difficulty in attorney recruitment and retention. In recruiting efforts, 89 percent of employers identified low salaries and 88 percent identified high educational debt as major impediments.

"For our criminal justice system to function effectively, public defenders must have the ability to recruit and retain highly qualified attorneys to represent the accused. Under the current system, many young attorneys who want to practice public interest law simply cannot afford to do so," said Illinois State Appellate Defender, Ted Gottfried. "Passage of this bill will make it easier for students interested in public law to both practice law for the common good and be able to pay their bills."

Durbin's legislation - the Prosecutors and Defenders Incentive Act - is modeled after the student loan repayment program currently available to federal employees. Like the federal employee program, attorneys eligible for loan repayment could have of up to $10,000 per year of student loan debt repaid. Loan repayments are capped at a maximum of $60,000 per individual.

The proposed loan repayment program is supported by the American Bar Association, the National District Attorneys Association, the National Association of Prosecutor Coordinators, the National Legal Aid and Defender Association, and the American Council of Chief Defenders.

Durbin's bill will now be placed on the Senate floor calendar and could be considered by the full Senate this summer.

http://durbin.senate.gov/record.cfm?id=256192&&