The Delaware Department of Justice (DOJ) tells the Joint Finance Committee (JFC) it is “critically understaffed,” noting the agency faces a revolving door of attorneys leaving to make more money in the private sector.
Attorney General Kathy Jennings says DOJ is rapidly losing senior deputy attorneys general to private firms, reporting 31 vacancies out of 243 attorney positions as of Feb. 7.
27 of those 31 slots are the department’s most senior positions, which Jennings explains are the most crucial roles given certain cases within the Criminal Division cannot be handled by junior deputies.
“Our most important budget request before you this year is support in paying our senior attorneys so we can keep our strongest, most experienced talent. It is our top priority," Jennings said. "The reason is simple. If public safety is a priority, retention of experienced prosecutors must be a priority. If bringing tens of millions of dollars back to the state general fund coffers is a priority, retention of experienced Fraud and Consumer Protection attorneys must be a priority. If saving millions of dollars for the state and outside counsel for state agencies and entities is a priority, retention of experienced Civil Division Council must be a priority. In short, our priorities are your priorities, and our values bring value to you and to the state."
Jennings is requesting $5.5 million for salary compensation needs, arguing salaried employees will ultimately save the state money by avoiding the need to contract out.
“Last year, for the first time, the Civil Division was forced to use outside counsel to conduct some of our regular business of agency representation because the departments and agencies unit within the division has reached a critical staffing crisis of experienced attorneys," she explained.
Although, Jennings notes the department has seen improvements in hiring junior attorneys general following previous salary hike approvals that have brought the department's starting pay up 15-20%.
DOJ now only has four junior vacancies, which Jennings notes is technically one vacancy as three spots are being held open for the best of the 2024 law clerks who will join the department following their graduation.
While Jennings is anticipating $2 million of the $5.5 million request to be funded by the Office of Management and Budget, she hopes JFC will consider the full amount, especially with federal cases against the Trump administration on the rise.
It will ultimately be up to JFC and the General Assembly to decide a recommended amount, if any, for the compensation increases.
Salary compensation request aside, DOJ is requesting a 7.5% increase for personnel salaries and benefits, lease escalators and funding for previously grant-funded positions — the increase would bring the department's budget to around $70 million.
