We were discussing the pro's and cons of a public defender's office and I mentioned that anyone that wants to prosecute ought to have to spend a short time defending and vice-versa. It was stated that the Public Def. office wouldn't want short timers and would be more prone to turn out very professional offices. My take was that you would have turnover around the same as with prosecutor offices. People coming in and learning the ropes etc. before moving on to private practice. This brought up the following question - "What do you think the average length of time spent as a prosecutor? Before they swap sides or go civil. I know that there are many career prosecutors, but on a whole, what is the average turn over? Any guesses?
Just a wild guess of course but if you exclude "career prosecutors" my guess would be 2-3 years before jumping ship.
By then most peolple know if they want to do this long term and are staying despite the frustrations or if not have gotten enough trial experience to go out on their own or get hired elsewhere.
My guess is that Assistant County Attorneys last less time than Assistant District Attorneys. But, my quick survey of the following DA or CDA offices reveals:
Anderson County: 4 assistants, all new since 1999 Angelina County: 4 assistants, 2 new since 1999 Atascosa County: 5 assistants, all new since 1999 Austin County: 2 assistants, 1 new since 1999 Bastrop County: 6 assistants, 3 new since 1999 Bee County: 2 assistants, 1 new since 1999 Bell County: 13 assistants, 5 new since 1999
"new" is defined as not listed in the 1999 Directory of Texas Prosecutors
I do not know if this sample is statistically sound, but it does appear this business gets a lot of "new blood". "The Association" ought to be able to fairly easily answer this question. Also the comptroller knows how many of us are receiving longevity pay (another measure). This type of statistic could help in convincing someone of the greater need to retain "career" prosecutors through increased salaries (over and above the longevity pay). The correlation with turnover in PD offices does seem logically connected, but I would be interested to know the actual experience of those offices, rather than relying strictly on what happens on the prosecutor side.
By the way, do PD's like to refer to the "government" as much during their trials as the other defense counsel seem to like to use that term to try to villify their opponent?
To clarify for Martin P.; This County Attorney's office has 10 Assistants, they adverage approx. 14 years each with this office, one even has more time as a A.C.A. than (the 21 year, uninterrupted, term of) the elected C.A. !
In contrast, the D.A.'s office here only has 1 A.D.A. with more tham 12 years service in this county, and at least 5 A.D.A.'s came here in the last 2 to three years. We not only handle more cases per year (about 5 times more)(not counting class "c"), in only two courts (felony has 3 courts plus a juvinile court), but our "corporate memory" is more complete because of this outstanding longevity.
Richard, I was, of course, referring to averages. And maybe, County Attorney's offices do a better job of retaining their personnel. If so, it would be interesting to learn how. The assumption seems to be that money plays a big role in willingness to remain after the experience has been gained. Put another way, the private sector appears to reward experience in a way that beckons the prosecutor. My move came from the other direction and return to private practice would have to offer substantially more money before I were enticed. But, I am sure there are many reasons any particular individual would use in making such a determination. Still, I am having a hard time perceiving what dynamics must lead to a significantly different result in PD offices.
I can't believe that anyone would think public defender's offices would have more tenure. If they make the same salaries as we do, but have to go to jail to meet with clients, lose way more often than they win (we set the table after all), and advocate on behalf of people they know are in the wrong, what would make you want to stay in such a job when the higher pay of private practice beckons? It seems to me that they would jump ship faster than non-career prosecutors, would't they? After all, they can still be a career defense attorney outside of the public defender's office.
In my zeal to "blow our office's horn" I find that I had overlooked a fine, experienced prosecutor in our D.A.'s office, with well over 12 years experience; A.D.A. Doug Howell. My abject apologies to Doug. It appears that the mind IS the first thing to go after "that certain age"!!
