How Tough is the Job Market for Aspiring Prosecutors and Public Defenders? (And Some Advice about Landing Those Jobs…)

By: Steve Grumm

Really tough.  Here’s a piece from the California-based Recorder about a recent round of attorney hiring in Santa Clara County.  It’s noteworthy that the Santa Clara prosecutor and defender are ramping up hiring at a time when many prosecutors and defenders are losing staff.  And it’s encouraging.  What’s discouraging, however, is the fierce competition for the open Santa Clara positions.  That’s the real story here.  Observe:

In the past year, the [Santa Clara County D.A.’s] office has hired 14 lawyers but still has 12 slots to fill — and 700 people have applied.

Like the DA’s office, the public defender’s office is hiring to staff the arraignments. [Public Defender Mary] Greenwood says she received 400 applications for seven new attorney positions in her office.

What’s not the real story, in my view, is the headline’s – “Healthy Pay Scale Makes District Attorney’s Office a Lawyer Magnet” – suggestion that the high salaries are causing the glut of job applications.  No doubt, the D.A.’s office starting-salary figure – $92,000 – is an eye-opener.  (In 2010 the national median starting salary for a local prosecutor was $50,000.)  But I bet there’d be an enormous applicant pool even if the salary was markedly lower. 

The piece also offers a nice look at what kind of experience and credentials the DAs are looking for in Santa Clara and neighboring counties.  It’s a bit of a mix.  Some prosecutors hire law grads with minimal experience, some take on laterals from law firms, and some prefer to stick with the more narrow approach of recruiting via their own internship programs.

My suggestion to aspiring prosecutors and defenders, from wherever they’re coming, is to get some courtroom and, if possible, case management experience.  For defenders especially, it’s also rewarding to gain experience working with low-income clients.  In 2010 we asked prosecutors and defenders what they would advise law students/grads to do to make themselves the best job candidates. A representative sample of their responses:

  • Public defenders desire candidates with clinical and/or pro bono experience working with incarcerated and low-income clients. According to one public defender, “previous experience in a PD’s office is always a plus for law students and a must for attorneys.”
  • Local prosecutors value trial experience, whether obtained through a clinical program, through a third-year practice rule experience, or in some other capacity.