[Congressional Record Volume 149, Number 76 (Wednesday, May 21, 2003)]
[Extensions of Remarks]
[Page E1040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             STUDENT LOAN FORGIVENESS FOR PUBLIC ATTORNEYS

                                 ______
                                 

                            HON. DAVID SCOTT

                               of georgia

                    in the house of representatives

                        Wednesday, May 21, 2003

  Mr. SCOTT of Georgia. Mr. Speaker, I rise to introduce the 
Prosecutors and Defenders Incentive Act.
  Throughout the country, District Attorneys are finding it 
increasingly difficult to recruit and retain qualified and experienced 
attorneys. Recent law school graduates face difficult choices regarding 
their legal careers. While a starting salary at a private law firm now 
often exceeds $100,000, the average starting salary in a district 
attorneys office is approximately $35,000.
  With undergraduate and law school loans frequently amounting to 
$100,000, aspiring public attorneys face a crippling debt burden that 
drives them to other career choices. This financial burden likely hits 
minority students even harder and makes their decisions about a public 
service career that much more difficult. A system of continual turnover 
severely impact on law enforcement and the ability to ensure justice.
  Due to the increasing fiscal constraints faced at the state and local 
level, public officials are unable to raise salaries to a competitive 
level. More than ever, America needs an effective justice system. The 
Department of Justice has recognized that public defenders and 
prosecutors should have access to student loan forgiveness programs as 
an important means of reducing staff turnover.
  Under my legislation, a recently-recruited public attorney would 
enter a written agreement that specified that he or she would remain 
employed as a prosecutor or public defender for a required period of 
service of not less than 3 years, unless involuntarily separated from 
employment. If the attorney is involuntarily separated from employment 
on account of misconduct, or voluntarily separates from that employment 
before the end of the period specified in the agreement, the individual 
would be required to repay the amount of any benefits received. 
Successive agreements could be made to continue the loan payments until 
the maximum amount authorized is reached.
  Under the proposal, the Secretary of Education would make the loan 
payments for the attorney for the period of the agreement if the funds 
were made available through appropriations. Students loan repayments 
would not exceed $6,000 for any borrower in any calendar year or a 
total of $40,000 in the case of any borrower. This legislation is 
supported by the National District Attorneys Association.
  I hope my colleagues will join me by supporting and cosponsoring this 
legislation.

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