Columnist Jeff German: Prosecutors’ union effort hits snag

Tuesday, Feb. 22, 2005 | 11:06 a.m.

Deputy district attorneys have suffered a setback in their efforts to form their own collective bargaining unit with the county.

It looks like County Manager Thom Reilly isn't going to make it easy for the prosecutors to get a seat at the bargaining table.

Reilly last week sent a letter to the prosecutors saying the county won't recognize their new group unless it includes attorneys with the Public Defender's Office.

That amounted to a double whammy for prosecutors, who have sought to organize in part out of frustration over the additional resources the county has been pouring into the much-criticized Public Defender's Office.

Prosecutors say some of their benefits have been whittled away in the process. They fear that, if the trend continues, it will hinder the ability to attract qualified deputies to the office in the future.

This is a fight that has potential to create more tension in an overflowing justice system that is crying for help to keep pace with growth.

The dispute has been nothing but a headache for District Attorney David Roger, who would prefer it just go away.

Roger has ordered the civil deputies in his office who provide legal advice to Reilly to stay out of the fray.

That will avoid pitting the civil deputies against the prosecutors, as the DA contemplates running for re-election next year.

Ultimately, the state Employee-Management Relations Board, which oversees all local government collective bargaining, will determine the makeup of the prosecutors association.

The county believes it has a right under state law to include the deputy public defenders in the bargaining unit. This is how it's done in Washoe County.

The prosecutors, however, have no desire to bring the deputy public defenders into their organization.

"We're adversaries every day in court," says Chief Deputy District Attorney Robert Daskas, the president of the group. "That's like putting the cops and criminals in the same bargaining unit."

As it turns out, the deputy public defenders aren't exactly eager to join the prosecutors association, either -- at least according to their boss, newly appointed Public Defender Phil Kohn.

"My guess is the DAs were right to exclude us," Kohn says. "I don't think my office is looking to unionize."

But what may be the biggest challenge for prosecutors is not who will be included in their organization, but rather how they will win the public relations battle.

It's not as though they're having trouble putting food on the table at home.

County officials say the average prosecutors' salary is $112,000 -- about $20,000 above what attorneys average in the private sector.

"We're not suggesting we're underpaid," Daskas says. "We just want a voice at the table."

Most people can understand that argument -- especially if it assures us of getting the best prosecutors we can to put criminals away.