[Congressional Record Volume 153, Number 19 (Wednesday, January 31, 2007)]
[Senate]
[Pages S1413-S1415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Specter, Mr. Leahy, Mr. Smith, 
        Mr. Kerry, and Ms. Collins):
  S. 442. A bill to provide for loan repayment for prosecutors and 
public defenders; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I rise today to introduce the John R. 
Justice Prosecutors and Defenders Incentive Act of 2007. I am honored 
to have the support and cosponsorship of Senator Leahy and Senator 
Specter, the chairman and ranking member of the Judiciary Committee, on 
this important legislation. I look forward to working closely with 
Chairman Leahy and Ranking Member Specter to advance it through the 
Judiciary Committee and secure its enactment into law. I also 
appreciate the cosponsorship of Senator Smith, Senator Kerry and 
Senator Collins on this bipartisan bill.
  Our bill seeks to enhance our criminal justice system by encouraging 
talented law school graduates to serve as criminal prosecutors and 
public defenders. The bill would establish a student loan repayment 
program for qualified attorneys who agree to remain employed for at 
least 3 years as State or local criminal prosecutors, or as State, 
local, or Federal public defenders in criminal cases.
  This legislation is supported by the American Bar Association, the 
National District Attorneys Association, the National Association of 
Prosecutor Coordinators, the National Legal Aid and Defender 
Association, and the National Association of Criminal Defense Lawyers.
  For our criminal justice system to function effectively, we need to 
have a sufficient supply of dedicated and competent attorneys working 
in prosecutor and public defender offices. However, many qualified law 
school graduates who have a strong motivation to work in the public 
sector find it economically impossible due to the overwhelming burden 
of student loan debt.
  The legal profession and our communities pay a severe price when law 
graduates are shut out from pursuing public service careers due to 
educational debt. When prosecutor and public defender offices cannot 
attract new lawyers or keep experienced ones, their ability to protect 
the public interest is compromised. Such offices may find themselves 
unable to take on new cases due to staffing shortages, and their 
existing staff may be forced to handle unmanageable workloads. Cases 
may suffer from lengthy and unnecessary delays, and some cases may be 
mishandled by inexperienced or overworked attorneys. As a result, 
innocent people may be sent to jail, and criminals may go free.
  Our bill, the John R. Justice Prosecutors and Defenders Incentive 
Act, is designed to help remedy some of these problems. The 
availability of student loan repayment can be a powerful incentive for 
attracting talented new lawyers to public service employment. Our 
proposal complements loan forgiveness options that currently exist for 
Federal prosecutors. Passage of this bill will help make prosecutor and 
public defender jobs at all levels of government more attractive and 
financially viable for law school graduates who have incurred 
significant educational debt.
  Our bill is named after the late John R. Justice, former president of 
the National District Attorneys Association and a distinguished 
prosecutor from the State of South Carolina. John Justice was 
instrumental in promoting student loan repayment efforts for law school 
graduates seeking to work in public service. This bill is a fitting 
tribute to his dedicated efforts.
  The need for this legislation is evident. In recent years, the costs 
of a law school education have skyrocketed. Researchers found that 
tuition increased about 340 percent from 1985 to 2002 for private law 
school students and for out-of-State students at public law schools. 
In-State students at public law schools saw their tuition jump about 
500 percent during that time. In 2005, the average annual tuition was 
$28,900 for private law schools, $22,987 for nonresident students at 
public law schools, and $13,145 for resident students at public law 
schools. These tuition costs do not include the costs of food, lodging, 
books, fees and personal expenses over 3 years of law school.
  Unsurprisingly, the vast majority of law students--over 80 percent--
must borrow funds to finance their legal education. According to the 
American Bar Association, the average total cumulative educational debt 
for law school graduates in the class of 2005 was $78,763 for private 
schools and $51,056 for public schools. Two-thirds of law students 
generally carry additional unpaid debt from their undergraduate 
studies. These education debts are serious financial obligations that 
must be repaid, as any default on a loan triggers significant 
consequences.
  Many law students graduate with a deep commitment to pursuing a 
career in public service. However, they need a level of income 
sufficient to meet the demands of their educational loan liabilities, 
and public service salaries have not kept up with rising law school 
debt burdens. From 1985 to 2002, while law school tuition increased 340 
percent for private law school students and 500 percent for in-state 
students at public law schools, salaries for public service lawyers 
such as prosecutors and public defenders increased by just 70 percent. 
According to the National Association for Law Placement, NALP, the 
median entry-level salary for public defenders is $43,000. With 11 to 
15 years of experience, the median salary

[[Page S1414]]

increases only to $65,500. The salary progression for State prosecuting 
attorneys is similar, starting at around $46,000 and progressing to 
about $68,000 for those with 11 to 15 years of experience.
  Many law school graduates can earn much more and repay their student 
loans much faster by entering the private sector. According to a NALP 
survey, in 2005 the median salary for first-year attorneys at law firms 
ranged from $67,500 in firms of 2 to 25 attorneys to $135,000 in firms 
of 500 attorneys or more. The median first-year salary for all firms 
participating in the survey was $100,000. When choosing between a 
private sector job and a job as a prosecutor or defender, talented law 
graduates with large debt burdens must take into consideration this 
salary differential.
  It is clear that large student debt deters many law graduates from 
pursuing public service careers. According to a national survey of 
1,622 students from 117 law schools conducted by Equal Justice Works, 
the Partnership for Public Service, and NALP in 2002, 66 percent of 
respondents stated that law school debt prevented them from considering 
a public interest or government job.
  Some law graduates initially accept public service jobs despite their 
high debt burdens. However, many attorneys cannot repay their loan 
obligations as well as pay all their other living expenses on a 
government salary. Attorneys who begin careers in public service, and 
who would like to remain, frequently leave after a few years when they 
find their debts are hindering their ability to provide for themselves, 
much less support their families or save for retirement.
  Many public service employers report having a difficult time 
attracting and retaining talented law graduates. Prosecutor and public 
defender offices across the country have vacancies they cannot fill 
because new law graduates cannot afford to work for them. 
Alternatively, those who do hire law graduates find that, because of 
educational debt burdens, those whom they do hire leave just at the 
point when they have acquired the experience to provide the most 
valuable services. According to a Bureau of Justice Statistics survey, 
24 percent of state prosecutors' offices reported problems in 2005 with 
recruiting new attorneys, and 35 percent reported problems in retaining 
attorneys. Another survey administered by Equal Justice Works and the 
National Legal Aid & Defender Association in 2002 found that over 60 
percent of public interest law employers, including state and local 
prosecutor and public defender offices, reported difficulty in attorney 
recruitment and retention.
  I recently received a letter from Bernard Murray, President of the 
Prosecutors Bar Association and Chief of the Criminal Prosecutions 
Bureau for the Cook County State's Attorney's Office in Chicago. He 
wrote: ``[W]e are faced with enormous hurdles in attracting first-rate 
candidates to pursue a career with the Cook County State's Attorney's 
Office. We simply cannot afford to pay new assistants a salary high 
enough to offset the enormous debt load that follows them from their 
law school graduation.''
  His letter also stated: ``We are observing an exodus of talent at 
about the three to five year experience mark in the office when 
assistants are no longer able to postpone life events such as marriage, 
home ownership, and starting a family. We are losing much of our best 
talent before they even have a chance to put their skills to use in 
felony cases.''
  I also received a copy of a letter from Michael Judge, Chief Defender 
of the Los Angeles County Public Defender Office, the oldest and 
largest such office in the Nation. His letter states the following 
about his office's efforts to recruit new lawyers: ``It became 
necessary to expand the ambit of recruiting from locally to statewide, 
to the western region of the country and now to the entire nation to 
ensure the success of our recruiting in the face of the deterrent of 
crushing student loan debt. . . .  In some sense we are `poaching' in 
the territory of other defender offices. . . . I have experienced more 
`turndowns' of employment offers in the recent past than during my 
first 9 or 10 years as Chief Defender. I attribute that to the `ice 
cold water in the face syndrome' experienced by motivated candidates 
making the final net calculations and discovering a defender career can 
be an adventure in deficit financing.''
  It harms the public interest when communities face a shortage of 
attorneys who can effectively prosecute cases and provide criminal 
defendants with their constitutional right to counsel. Sadly, these 
situations occur all too frequently. We can--and should--do more to 
help prosecutor and public defender offices recruit and retain 
attorneys in the face of increasing student debt burdens and higher 
private sector salaries.
  Our legislation would help by establishing, within the Department of 
Justice, a program of student loan repayment for borrowers who agree to 
remain employed for at least three years as State or local criminal 
prosecutors, or as State, local, or Federal public defenders in 
criminal cases. It would allow eligible attorneys to receive student 
loan debt repayments of up to $10,000 per year, with a maximum 
aggregate over time of $60,000. The bill would cover student loans 
made, insured, or guaranteed under the Higher Education Act of 1965, 
including consolidation loans.
  Under our bill, repayment benefits for public sector attorneys would 
be made available on a first-come, first-served basis, and would be 
subject to the availability of appropriations. Priority would be given 
to borrowers who received repayment benefits for the preceding fiscal 
year and who have completed less than three years of the first required 
service period. Borrowers could enter into an additional agreement, 
after the required three-year period, for a successive period of 
service which may be less than three years. Attorneys who do not 
complete their required period of service would be required to repay 
the government.
  In addition to covering those who agree to serve in State and local 
prosecutor and defender offices, our bill complements existing loan 
forgiveness programs that are currently available for Federal 
prosecutors by making loan relief available to Federal public defenders 
as well.
  Our bill is modeled on a loan repayment program that has been created 
for Federal executive branch employees and that has enjoyed growing 
success. Federal law currently permits Federal executive branch 
agencies to repay their employees' student loans, up to $10,000 in a 
year, and up to a lifetime maximum of $60,000. In exchange, the 
employee must agree to remain with the agency for at least three years. 
According to the Office of Personnel Management (OPM), during fiscal 
year 2005 there were 479 lawyers working in Federal agencies who 
received loan repayments under this program, including 242 lawyers for 
the Securities and Exchange Commission and 85 attorneys for the 
Department of Justice. According to OPM, Federal agencies across the 
board say that the program has been of tremendous benefit in recruiting 
and retaining attorneys.
  As I have worked on behalf of our legislation, I have been moved by 
the personal stories of attorneys who have been trying to embark on a 
career of public service but have been struggling because of student 
loans. One compelling letter I received came from Aisha Cornelius, an 
Assistant State's Attorney in Cook County, Illinois. Her letter said 
the following: ``I am a full-time prosecutor in Cook County. I wanted 
this job because I desired to use my law degree for public service. 
Although making a lot of money was not my primary goal, I had hoped at 
least for financial stability. This, however, is difficult to 
accomplish as my student loan payments take up a considerable amount of 
my income. I have more than $100,000 in student loan debt. I am also a 
single mother with a five-year-old daughter in kindergarten. In order 
to work, I have to pay for before- and after-school care for her. . . . 
I depleted my savings while studying for the bar exam last year and I 
essentially live check to check. In order to supplement my income, I 
sell cosmetics and skin care. I am also in the process of applying for 
a part-time evening teaching position. I love my job and serving the 
greater good. The only reason I would ever leave public service is if I 
could no longer afford to stay. This is much more of a possibility than 
I would like it to be. Loan repayment assistance would help me stay 
longer in a position

[[Page S1415]]

that allows me to serve the community during the day while giving me 
the freedom and peace of mind to focus [on] my daughter at night.''
  I appreciate Ms. Cornelius's willingness to share her story with me. 
By enacting and funding this legislation, we can take a meaningful step 
toward alleviating some of the financial burden for attorneys such as 
Ms. Cornelius who choose careers as criminal prosecutors and public 
defenders.
  I know there are many other law graduates who, like Aisha Cornelius, 
want to apply their legal training and develop their skills in the 
public sector, but are deterred by the weight of student loan 
obligations. Passage of the John R. Justice Prosecutors and Defenders 
Incentive Act will help them make their career dreams a reality. I urge 
its swift adoption.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 442

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``John R. Justice Prosecutors 
     and Defenders Incentive Act of 2007''.

     SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the 
     end the following:

     ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

     ``SEC. 3111. GRANT AUTHORIZATION.

       ``(a) Purpose.--The purpose of this section is to encourage 
     qualified individuals to enter and continue employment as 
     prosecutors and public defenders.
       ``(b) Definitions.--In this section:
       ``(1) Prosecutor.--The term `prosecutor' means a full-time 
     employee of a State or local agency who--
       ``(A) is continually licensed to practice law; and
       ``(B) prosecutes criminal cases at the State or local 
     level.
       ``(2) Public defender.--The term `public defender' means an 
     attorney who--
       ``(A) is continually licensed to practice law; and
       ``(B) is--
       ``(i) a full-time employee of a State or local agency or a 
     nonprofit organization operating under a contract with a 
     State or unit of local government, that provides legal 
     representation to indigent persons in criminal cases; or
       ``(ii) employed as a full-time Federal defender attorney in 
     a defender organization established pursuant to subsection 
     (g) of section 3006A of title 18, United States Code, that 
     provides legal representation to indigent persons in criminal 
     cases.
       ``(3) Student loan.--The term `student loan' means--
       ``(A) a loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) a loan made under part D or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 
     1087aa et seq.); and
       ``(C) a loan made under section 428C or 455(g) of the 
     Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) 
     to the extent that such loan was used to repay a Federal 
     Direct Stafford Loan, a Federal Direct Unsubsidized Stafford 
     Loan, or a loan made under section 428 or 428H of such Act.
       ``(c) Program Authorized.--The Attorney General shall 
     establish a program by which the Department of Justice shall 
     assume the obligation to repay a student loan, by direct 
     payments on behalf of a borrower to the holder of such loan, 
     in accordance with subsection (d), for any borrower who--
       ``(1) is employed as a prosecutor or public defender; and
       ``(2) is not in default on a loan for which the borrower 
     seeks forgiveness.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment 
     benefits under subsection (c), a borrower shall enter into a 
     written agreement that specifies that--
       ``(A) the borrower will remain employed as a prosecutor or 
     public defender for a required period of service of not less 
     than 3 years, unless involuntarily separated from that 
     employment;
       ``(B) if the borrower is involuntarily separated from 
     employment on account of misconduct, or voluntarily separates 
     from employment, before the end of the period specified in 
     the agreement, the borrower will repay the Attorney General 
     the amount of any benefits received by such employee under 
     this section;
       ``(C) if the borrower is required to repay an amount to the 
     Attorney General under subparagraph (B) and fails to repay 
     such amount, a sum equal to that amount shall be recoverable 
     by the Federal Government from the employee (or such 
     employee's estate, if applicable) by such methods as are 
     provided by law for the recovery of amounts owed to the 
     Federal Government;
       ``(D) the Attorney General may waive, in whole or in part, 
     a right of recovery under this subsection if it is shown that 
     recovery would be against equity and good conscience or 
     against the public interest; and
       ``(E) the Attorney General shall make student loan payments 
     under this section for the period of the agreement, subject 
     to the availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from, 
     an individual or the estate of an individual under this 
     subsection shall be credited to the appropriation account 
     from which the amount involved was originally paid.
       ``(B) Merger.--Any amount credited under subparagraph (A) 
     shall be merged with other sums in such account and shall be 
     available for the same purposes and period, and subject to 
     the same limitations, if any, as the sums with which the 
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments 
     made by the Attorney General under this section shall be made 
     subject to such terms, limitations, or conditions as may be 
     mutually agreed upon by the borrower and the Attorney General 
     in an agreement under paragraph (1), except that the amount 
     paid by the Attorney General under this section shall not 
     exceed--
       ``(i) $10,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $60,000 in the case of any 
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall 
     authorize the Attorney General to pay any amount to reimburse 
     a borrower for any repayments made by such borrower prior to 
     the date on which the Attorney General entered into an 
     agreement with the borrower under this subsection.
       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of 
     service under an agreement under subsection (d), the borrower 
     and the Attorney General may, subject to paragraph (2), enter 
     into an additional agreement in accordance with subsection 
     (d).
       ``(2) Term.--An agreement entered into under paragraph (1) 
     may require the borrower to remain employed as a prosecutor 
     or public defender for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Attorney 
     General shall provide repayment benefits under this section 
     on a first-come, first-served basis, and subject to the 
     availability of appropriations.
       ``(2) Priority.--The Attorney General shall give priority 
     in providing repayment benefits under this section in any 
     fiscal year to a borrower who--
       ``(A) received repayment benefits under this section during 
     the preceding fiscal year; and
       ``(B) has completed less than 3 years of the first required 
     period of service specified for the borrower in an agreement 
     entered into under subsection (d).
       ``(g) Regulations.--The Attorney General is authorized to 
     issue such regulations as may be necessary to carry out the 
     provisions of this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each succeeding fiscal year.''.
                                 ______