LA public defender Ricardo García has a crisis of his own making

I joined the Office of the Public Defender ten years ago, and I've had the privilege of working alongside devoted colleagues-attorneys who couldn't see themselves doing any other type of work. Though the Office was far from perfect when I started, there was a strong sense of solidarity that came from the shared mission of providing clients with exceptional legal representation. It was an Office where attorneys believed in management's commitment and ability to fulfill that mission.

Unfortunately, under the leadership of current Los Angeles County Public Defender Ricardo García, that belief is quickly deteriorating. As workloads have grown, a sense of helplessness has consumed attorneys as they struggle to represent their ever growing number of clients. Multiple factors have contributed to this, but the single largest is Mr. García's continued public pronouncements denying his own attorneys' concerns about excessive workload and skyrocketing attrition, and his continued inaction to address those same concerns.

When the pandemic lockdowns were lifted two years ago, we began to see the cracks and ruptures in our Office. We raised our workload and attrition concerns with Mr. García, warning that conditions would only get worse without intervention. We knew that we couldn't continue accepting 100% of our normal caseload while dealing with a drastically reduced workforce. Just like any other industry, we needed to adjust to the "post-pandemic" employment reality.

Management refused to heed our requests. About six months later, in Feb. 2022, 300 of our attorneys signed a letter demanding that Mr. García adhere to his ethical responsibility, as outlined by the Cal. State Bar: Guideline on Indigent Defense Services Delivery Systems, to reduce the number of cases that our office was accepting until workload issues were addressed. Mr. García refused and continued his longstandingpublic denials of any workload issues in our office. He then doubled down and refused to provide any workload relief in our most recent MOU negotiations last October.

By the end of May 2023, we had 77 unfilled budgeted attorney positions, with an additional 43 attorneys on leave and were operating 120 attorneys short. Yet Mr. García continued to ignore his attorneys' pleas for relief. We filed a grievance based on the workload crisis that was occurring in our mental health unit, where some of our most vulnerable clients are being served. Management again denied any issues by publicly claiming that the "average" caseload numbers for that unit was 112--only a quarter of the cases actually assigned to attorneys in that unit. It was a number so grossly out of line with reality that it calls into question the integrity of the origin of that number. Management then all but brushed us off when we met to discuss possible solutions, requiring us to pursue the grievance at the County level and through possible arbitration.

Two years ago, Ricardo García could claim that forces out of his control led to attrition and workload challenges in our Office. At that time, he could have listened to his attorneys and taken action to mitigate the issues, but he chose not to. Today, the cause of the crisis in the public defender's office lies squarely with Mr. García. He cannot claim lack of notice. He cannot point to forces beyond his control. He cannot continue to escape his ethical liability.

What he can do now is take action. He can stop accepting 100% of incoming cases and allow the court to appoint other attorneys while we resolve the staffing shortage. It would be a real first step at righting the ship. It would be an acknowledgement to his attorneys that he is willing to listen to and support them in their work.

It's not hyperbole to question whether LA's public defenders will be able to meet their obligations in the coming months without intervention. It is up to Mr. García to decide what sort of leader he is and what legacy he wants to leave.

As for us, we love our work and want an office where caseloads are sustainable and where we can effectively and fully serve our clients. We will continue to fight for our members, our clients, and the future of this office.