Career Prosecutors Push to Close Pay Disparity in DOJ

In a September 13, 2021 letter to Deputy Attorney General Lisa Monaco, the National Association of Assistant United States Attorneys (NAAUSA) requested that the Justice Department allow assistant U.S. attorneys (AUSAs) access to the General Schedule and get rid of a pay scale that underpays AUSAs. The letter signed by NAAUSA President Larry Leiser noted that the group had previously met with Deputy Attorney General Monaco to discuss the issue and NAAUSAs other priorities.

Currently, AUSAs are paid under the Administratively Determined pay system based on their experience. However, most litigation attorney serving out of Main Justice Department offices are on the General Schedule. According to GovExec, this double pay scale system creates a salary disparity of over $40,000 between AUSAs and trial attorneys and makes it difficult for U.S. Attorneys’ Offices to recruit a diverse workforce.

NAAUSA President Leiser explained in the letter, “AUSAs are dramatically underrepresented at the GS-15 pay level compared to trial attorneys. Only 65% of AUSAs receive basic pay at or above the GS-15, Step 1 rate. Trial Attorneys in the litigating divisions are significantly more likely to be at or above the GS-15 level.”

Furthermore, the letter details that the budget for allocating raises to career prosecutors is significantly lower for prosecutors than other attorneys in the Department causing systemic under compensation even when the AD system would allow greater pay. Mr. Leiser continued, “There is never enough money available for a [U.S. Attorney’s Office] to effectively use the higher ends of the broad bands on the [Administratively Determined] pay tables.”

To find a solution and solve this discrepancy in pay, NAAUSA called on the DOJ to form a new task force to assess the pay disparity between prosecutors and trial attorneys or simply move AUSAs to the GS system.

Leiser concluded, “We believe this is the best way for the department to demonstrate its commitment to the principle of equal pay for work of equal value. The pay of all attorneys in the department could be easily compared, and attorneys could feel free to move between offices without facing the prospect of losing tens of thousands of dollars when moving between systems.”