Fran Strazzeri Shudders

In the book The Life of Reason the philosopher George Santayana observed that "Those who cannot remember the past are condemned to repeat it."

One of the issues for the 2007 Monroe County District Attorney Election has been prosecutor attrition. As it turns out, prosecutor attrition was also an issue in the 2003 Monroe County District Attorney Election between Mike Green and Ann Marie Taddeo.

In 2003, the Rochester Democrat and Chronicle ran a series of articles profiling the race for District Attorney. One of those articles, "The Race for District Attorney" by Jeffrey Blackwell revealed this nugget of truth:

"If Mike has contributed to the avalanche of people leaving before he becomes (district attorney), I shudder to think what will happen if he becomes (district attorney)," says Francis Strazzeri, a lawyer who entered private practice in 2000 after working under Green.

In an office of 75 prosecutors and at the time Fran Strazzeri was quoted in the paper "34 or 35" prosecutors (according to Mike Green) left the office since he became the First Assistant District Attorney. In the nearly 4 years in which Mike Green has been the District Attorney that number has swelled to 85.

In 2003, Jeffrey Blackwell asked Mike Green why there was so much turnover in the office. Green's response then was:

Green said 34 or 35 prosecutors left the office for a variety of reasons, including a three-year salary freeze and job opportunities in private law firms, judgeships and clerkships.

He denies that the attrition is having an effect on the office's prosecution of cases. But he admits that some lawyers left because of changes he made.

"I'm sure a few people decided to leave the office rather than work under the situation where you have to follow the policies," Green said. "I don't feel bad about that because my job is to make sure the office gets the job done."

In 2007 in response to a story by R-News report Cristina Dominguez, Mike Green had this to say:

"Where we have turnover is at the bottom of the office,” said Green. “The newer attorneys coming out of law school face staggering student loan debts, on average $100,000 - $125,000 of student loans. For three out of five years we've had salary freezes."

And in response to a story to WHEC reporter Nikki Rudd, Mike Green had this to say:

"They've been elected judge. They've gone to the US Attorney's Office. They've gone to high paying jobs in the private sector," explained Green. "Other people have left because they didn't want to do the work or because I asked them to leave."

Sound familiar? The past comes to haunt us again...

In 2003, Mike Green stated that one of the reasons that prosecutors have left the office was a 3 year wage freeze. In 2007, Mike Green states that there has been a wage freeze in three out of the last five years. Now for the crux of this post.

Are Mike Green's explanations for prosecutor attrition plausible? Let's take a look at a table depicting the the experience drain in the DA's Office:

Let's start with Mike Green's fiscal explanation for prosecutor attrition. We will begin by looking at the years 2001-2004 (the years in which a wage freeze had been in effect). Look at the staggering number of experience lost over those three years:

• In 2001, 14 prosecutors left the office taking an average of 7.9 years experience with them
• In 2002, 12 prosecutors left the office taking an average of 8.8 years of experience with them
• In 2003, 11 prosecutors left the office taking an average of 2.7 years of experience with them
• In 2004, 11 prosecutors left the office taking an average of 10.9 years of experience with them.

It is not entirely inconceivable that the wage freeze had something to do with all of these prosecutors leaving.

Now what about the last three years in which prosecutors have enjoyed salary increases?

• In 2005, 12 prosecutors left the office taking 6.7 years of experience with them
• In 2006, 11 prosecutors left the office taking 7.1 years of experience with them
• In 2007, 14 prosecutors left the office taking 3.6 years of experience with them

If wage freezes explain the departures between 2001 and 2004, how does Mike Green explain the fact that the same number of prosecutors have left the office when there was no wage freeze?

Okay, so maybe Mike Green falls back on his other explanation for the years 2005-2007 - that new attorneys have a great deal of student loan debt. The average starting salary for an Assistant District Attorney in Monroe County is about $50,000. It's a good thing Mike Green is not the Chief Prosecutor in Florida where the average starting salary for a prosecutor is $38,000!

What about Mike Green's contention that under his regime as District Attorney, the turnover rate has been "at the bottom of the office?" Well, based upon the table of experience above, it would appear that his claim is somewhat "true." True in that all the people at the "top" left between the years 2001-2004 and all that were left were the people at the "bottom."

No, I do not find Mike Green's explanations plausible. The explanation I find most plausible came from former Assistant District Attorney Robert Kammer in Jeffrey Blackwell's 2003 article:

"My concern was that he seemed to be second-guessing some of the district attorneys. I didn't mind criticism. I didn't mind direction. But I did mind being micromanaged."

After Mike Green's four years of micro mis-management, I cannot believe this County is actually considering electing him for another 4 year term. If Fran Strazzeri shuddered in 2003, I can only imagine how he feels now.

Remember the words of George Santayana and elect Cara Briggs.