Legal Aid Society, NYC’s largest public defender group, set to vote on possible strike

Attorneys at New York City’s largest public defender group are voting on whether to strike for the first time in more than 30 years — a move that could destabilize the day-to-day operations of an already overburdened legal system.

Legal Aid Society lawyers, who represent low-income criminal defendants, immigrants, children and residents fighting for housing across the five boroughs, told Gothamist they have reached a standoff with management over pay, caseloads and remote work.

A strike would reverberate across the city’s criminal, family, housing and immigration courts, potentially forcing New Yorkers to show up to trials, hearings and other court appointments without their lawyers. It could also cause delays in child custody disputes, domestic violence cases, eviction challenges, and various other types of criminal and civil proceedings that play out in state courts each day.

But several longtime Legal Aid lawyers told Gothamist they think such an extreme measure might be necessary to prevent more attorneys from leaving for higher-paying jobs.

Noah Pransky, a spokesperson for the mayor’s office of criminal justice, said in a statement that the city is preparing for a possible strike and has plans in place to mitigate any effects.

“In this case, we're working with our partners to increase pay and — should it be necessary because of an attorneys' strike — working with other partners to minimize potential disruptions to the legal system,” he said.

The Legal Aid Society’s contract with its union employees expires June 30. Members have until Sunday night to vote in favor or against authorizing a strike. If the strike is approved, lawyers would then set a deadline for management to agree to their terms. Without an agreement, attorneys could walk off the job as soon as early July.

Pay raises are a main priority for the Legal Aid Society’s union, which argues that the organization’s salaries aren’t competitive with federal defenders in New York or local public defender offices in other parts of the country. They’re also asking for workload protections and more flexibility for remote work on days when they’re not in court. Several long-time Legal Aid attorneys told Gothamist many of their experienced colleagues have departed in recent months for higher-paying jobs, leaving behind serious cases for the remaining lawyers to take on.

A spokesperson for the mayor’s office of criminal justice said the proposed city budget includes funding for cost-of-living increases for salaries at the Legal Aid Society and other legal services groups, as well as $20 million to hire more staff to help with caseloads. Twyla Carter, attorney-in-chief and CEO of the Legal Aid Society, said in a statement that management is working to secure additional funding for salaries and address employees’ other concerns.

“While progress has been made in recent years, more work remains,” she said. “We look forward to continuing productive discussions in collective bargaining with our unions, while also pushing both Albany and City Hall for adequate resources needed to fulfill our constitutional and legal mandates.”

Legal Aid attorneys aren’t the only public defenders threatening to strike. A dozen other legal services organizations are also considering work stoppages, including the New York Legal Assistance Group and the Office of the Appellate Defender. Union members at one legal services group, the Goddard Riverside Law Project, voted unanimously earlier this week to authorize a strike.

Even more legal services organizations could be affected indirectly by a strike. Nearly all legal service workers are now represented by different chapters of the same union, the Association of Legal Advocates and Attorneys — UAW Local 2325. Jane Fox, chair of the Legal Aid Society’s chapter, said union members in non-striking organizations have agreed not to cross the picket line. That means those lawyers would still come to court to represent their own clients, but they would not take on the cases of striking attorneys, she said.

“With so many members to hold that line for us, a strike becomes much more viable,” she said.