SAN FRANCISCO — For an aspiring prosecutor, a recent job posting for a special assistant U.S. attorney in Sacramento might appear perfect at first glance. ADVERTISING SAN FRANCISCO — For an aspiring prosecutor, a recent job posting for a special
SAN FRANCISCO — For an aspiring prosecutor, a recent job posting for a special assistant U.S. attorney in Sacramento might appear perfect at first glance.
It only required one year of legal experience, promised training in investigating and trying federal crimes and would put the successful applicant just a short hop from San Francisco’s night life and Lake Tahoe’s recreation.
But there was a catch: No pay.
U.S. attorneys’ offices around the country have been offering such unpaid jobs for at least the last six years or so, luring candidates with the prospect of an invaluable work experience or the chance to perform public service. Assistant U.S. attorney positions are prestigious and can boost careers in government or the private sector.
But critics say the unpaid jobs threaten racial diversity in federal prosecutors’ offices and set a bad precedent for labor standards.
“Only wealthy people can afford to do this,” said Rory Little, the former head of the appellate unit at the U.S. Attorney’s office in San Francisco who now teaches at the University of California, Hastings College of the Law. “It’s sad really. It’s like any indentured servitude.”
An association made up of assistant U.S. attorneys goes a step further, saying the unpaid positions violate the law.
Supporters point to the short duration of the unpaid jobs — most appear to be for only a year — and the experience they provide. The U.S. Department of Justice’s website in May included postings for “uncompensated” special assistant U.S. attorneys in California, Oklahoma, Maryland and West Virginia. Oklahoma’s posting was for two years, while the others asked for commitments of at most a year.
“My view is it could be criticized if special assistant U.S. attorneys were permitted to remain indefinitely unpaid employees,” said Rod Rosenstein, the U.S. attorney in Maryland. “We view it as sort of an internship.”
Rosenstein said his office has had 10 unpaid special assistant U.S. attorneys since 2010.
One of them, Kiran Patel, said the experience set him up well for his current law firm job.
“The (attorneys) who organized the program went out of their way to make sure that I got the opportunity to work on cases that aligned well with my interests and goals in terms of experience and skill development,” he said.
Justin Lee, who worked as an uncompensated federal prosecutor in Sacramento three years after graduating with a law degree from Georgetown University in 2008, handled misdemeanor cases such as traffic violations on federal land. The office hired him for a paid position right after his unpaid stint, but he said the vast majority of the 20 or so unpaid prosecutors who have come through Sacramento since 2010 didn’t land such full-time jobs with the office.
