After two years of organizing, a union representing Maryland public defenders filed a petition with the State Labor Relations Board this week — one of the final steps before they can begin negotiating for improved working conditions and wages.

The board is expected verify petition signatures in the coming weeks, triggering an election. If successful, it would allow the Maryland Defenders Union to join the American Federation of State, County and Municipal Employees trade union, or AFSCME, which represents about 30,000 state and higher education employees across Maryland.

Maryland Defenders Union President Marci Tarrant Johnson said employees at the Office of the Public Defender have long been underpaid, overworked and not given a voice at the decision-making table.

“We represent people who need us and our zealous representation and our full attention,” said Tarrant Johnson, who has worked as a public defender for 27 years. “It’s really hard to do the job when you don’t have much voice in the job, hard to do when you have unsustainable workloads, unsustainable when you have pay issues and when you have to work one or two extra jobs … none of it benefits our clients. Our mission is to make sure our clients get the best representation possible and I think we need to be unionized to make that happen.”

The Maryland Office of the Public Defender did not respond to a request for comment.

The previous public defender, Paul DeWolfe, said in a statement in 2020 that he recognized the concerns of staffers, according to a Baltimore Sun article.

The Maryland Defenders Union represents more than 600 employees across the state, Tarrant Johnson said. The union includes nearly 500 lawyers, social workers, investigators, intake specialists and 130 core staff members, including secretaries, paralegals and administrative aids.

Public defenders are among several groups unionizing across the region during a wave of collective bargaining catalyzed by the COVID-19 pandemic and mirroring nationwide labor organizing trends. Public support of unions is the highest it has been since the 1960s. In 2022, unions have won more elections in the U.S. than they had in nearly two decades.

Maryland public defenders began organizing in 2020, Tarrant Johnson said. Initially, workers’ main concerns revolved around health and safety during the pandemic. As time went on, conversations around unionizing shifted to the office’s huge caseloads and pay, she said.

State budget analysis documents show that entry-level Maryland public defenders earn about $9,000 to $13,600 less than entry-level public defenders in Arlington and Fairfax counties in northern Virginia. The office has struggled to retain staff as turnovers and vacancies saw an uptick last year. Many core staff members work two or three jobs to make a living, Tarrant Johnson said.

Testifying in front of state delegates in March 2021, Tarrant Johnson said she had 90 “serious open cases” at the time.

Based on recommended workload standards, she told committee members that “in order to effectively represent my current clients, I would need to work 4,760 hours this year.”

“To do the math, that’s 18 hours a day for a five-day workweek or 13 hours a day for a seven-day workweek,” Tarrant Johnson said. “I don’t care how dedicated you are or what a great lawyer you are, this is not even remotely sustainable and it affects everyone.”

The Maryland Defenders Union was formed two years ago. However, under state law, public defenders were not granted collective bargaining power until after House Bill 90 was passed during the last legislative session, according to Tarrant Johnson. The anticipated election, which has not yet been scheduled, is the last step on the long road to unionizing public defenders.

Patrick Moran, president of AFSCME Council 3, said in a statement Tuesday, “It is a great day for employees in the Office of Public Defender. A strong majority of the employees have voiced their commitment to organizing with AFSCME to build a fairer and more transparent workplace.”

alissa.zhu@thebaltimorebanner.com