The employment of ex-public defenders in the Los Angeles DA’s office sparks debate and legal challenges.
Los Angeles District Attorney George Gascón is at the center of a heated debate for his unconventional staffing choices in the prosecutor’s office. He has assembled a team primarily composed of former defense attorneys, a move that has raised eyebrows across the legal community and beyond.
This controversial strategy is most evident in the DA’s Resentencing Unit, established in 2021. Critics argue that staffing the unit with professionals who previously advocated for the defense creates inherent conflicts of interest. This concern is amplified by allegations that the unit is actively seeking to reduce sentences for serious criminals, including those convicted of capital offenses and life-without-parole sentences, often without notifying victims or their families.
A prosecutor, speaking on the condition of anonymity, expressed dismay at the situation, acknowledging that while some cases may warrant review, the overarching agenda seems to be expedited release of convicts. This sentiment echoes broader worries about the balance of justice and the rights of victims.
Adding to the controversy, Nancy Theberge, a longtime deputy public defender, was recently appointed as deputy-in-charge of the Resentencing Unit. This appointment, revealed through an internal memo, has intensified concerns about the unit’s objectivity and approach.
Further complicating matters are claims that prosecutors in the unit are being denied full access to inmate files, a practice that could potentially lead to misinformed decisions and judicial missteps. The integrity of the legal process is being questioned, as prosecutors traditionally are expected to provide comprehensive and ethically sound arguments to the court.
Loyola Law School professor Laurie Levenson offers a balanced view, acknowledging that while Gascón’s approach might stem from a desire for empathy and understanding in sentencing, it raises significant questions about the role and responsibilities of public defenders-turned-prosecutors.
This staffing policy has extended beyond the Resentencing Unit, with former public defenders and defense attorneys occupying various roles in the LA County DA’s Office. Tiffany Blacknell, Gascón’s communications director and special adviser, previously made provocative statements regarding the prison system and law enforcement, reflecting a perspective that deviates significantly from traditional prosecutorial viewpoints.
Similarly, Diana Teran, known for her work in law enforcement accountability, and Alisa Blair, a former policy adviser for Gascón, have been influential in shaping policies that limit the involvement of prosecutors in parole hearings. This has led to a situation where victims and their families may be left without a voice in critical proceedings related to parole.
The resentencing unit was created following state mandates for the re-evaluation of certain cases, including those involving older inmates or those convicted of non-violent crimes. However, the approach taken by Gascón’s office has led to internal dissent and legal action, with at least 20 prosecutors filing lawsuits alleging retaliation for opposing these policies.
Gascón, a Cuban-born attorney with a tenure as DA in San Francisco prior to his LA appointment, has been a polarizing figure. His policies have survived two recall attempts, but they continue to provoke strong reactions and have set the stage for a fiercely contested DA election in March 2024.
The unfolding drama in the LA DA’s office reflects a broader national conversation about criminal justice reform, the role of the prosecutor, and the balance between empathy and accountability in the legal system.
