Louisville's public defense attorneys have overwhelmingly voted to unionize. Here's why

Ben Tobin, Louisville Courier Journal
·3 min read

LOUISVILLE, Ky. — Attorneys of the Louisville Metro Public Defender's Office have unionized and won certification through an election with the National Labor Relations Board.

The newly formed union announced this week that attorneys voted 32 to 5 to unionize. The attorneys, who help represent people that cannot afford to hire their own legal representation in criminal cases, have chosen to organize with the International Brotherhood of Electrical Workers Local Union 369.

"The decision to unionize comes as the result of what local public defense attorneys feels are untenable working conditions, which negatively impact their clients who already lack vital resources necessary to adequately defend themselves without the services of the Public Defender," the union said Monday in a press release.

More: An 'urban garden' and marketplace will soon come to River Road in Louisville. What to know

"Adverse conditions" listed in the release include:

  • An "unmanageable case load that prevents attorneys from giving clients due attention."

  • A "high turnover rate that often churns clients through a revolving door of attorneys before the case is resolved."

  • A "severe lack of transparency in terms of how decisions that have significant and rippling effects on clients' livelihoods and the attorneys own safety are made."

"Through collective bargaining the Public Defenders hope to improve their workplace, strengthen client representation and advocate for changes that will benefit their clients and our community as a whole," according to the press release.

A union representative could not be reached for comment by The Courier Journal.

When asked for comment on the union, Louisville Metro Chief Public Defender Leo Smith wrote to The Courier Journal that "a case addressing serious ethical issues posed by unionization of lawyers and the adverse impact it can have on the professional representation of indigent clients is currently pending before the Supreme Court of Kentucky."

"Therefore, it would be inappropriate for me or for other parties to the case to comment or respond to your inquiry at this time," Smith said.

Public defenders in Louisville aren't making as much as they could in other cities. Legal news service Law360 reported in October 2021 that entry level public defenders in Louisville are making an average of $45,000 per year.

The national average salary at the entry level for public defenders is $66,193 per year, according to Law360. And in San Francisco, the average annual salary for a starting public defender is $131,000.

In the press release, the union said that the "values and goals of the Louisville Metro Public Defenders remain unchanged."

"They continue to fight for their clients and act in those clients' best interest," the release said. "The decision to take this course of action reflects those values, as they firmly believe this course of action is the best way to ensure the needs of their clients — both current and prospective — will best be met."

More: A major Louisville-area shopping center is adding new restaurants and stores

Krista Johnson contributed to this article.

Contact Ben Tobin at bjtobin@gannett.com and 502-377-5675 or follow on Twitter @Ben__Tobin.

This article originally appeared on Louisville Courier Journal: Louisville's public defense attorneys vote to unionize