Regional Legislators Press Case for DOJ Lawyers

WASHINGTON, D.C., May 4 — Eight members of the House of Representatives from the Washington-Baltimore region have urged appropriators to reject a controversial rider to the FY 2001 Justice Department budget that would effectively prohibit the department from paying overtime to its attorneys.

The lawmakers made their plea in a letter Thursday to Representative Harold Rogers, the Chairman of the Commerce, Justice, State and Judiciary Appropriations Subcommittee.  They said the Federal Employees Pay Act (FEPA) requires all federal agencies to compensate their employees, including professionals, for overtime.

Department of Justice (DOJ) attorneys have been locked in a struggle with the Department's leadership for several years over the question of overtime, which the Department refuses to pay to its attorneys.  Last year, the U.S. Court of Federal Claims certified a class of current and former DOJ attorneys seeking damages for past and present violations of FEPA.  More than 9,100 individuals are plaintiffs in the class action suit.

Last year, with the class action suit pending, a provision was included in the Justice Department budget prohibiting DOJ from using appropriated funds for overtime for DOJ attorneys.  The members signing Thursday's letter want to ensure that a similar rider is not enacted this year.

"Justice Department lawyers are some of the most dedicated professionals in the entire civil service," said Virginia Congressman Jim Moran, who spearheaded Thursday's effort.  "They are often called on a moment's notice to leave their families and travel to distant cities to argue a motion or to file a brief.  It is simply unconscionable that this outstanding group of federal workers is denied overtime pay for their services," he added.

"Serving as a DOJ attorney can be one of the most stressful jobs in government, and it is time we honor the service of these men and women rather than deprive them of overtime compensation," he said.

Moran, a member of the House Appropriations Committee, noted that attorneys at other federal agencies, including the Department of Housing and Urban Development, the Internal Revenue Service, the Department of Energy, and the Department of Agriculture are paid for overtime as required by FEPA.  In these cases, he said,  attorneys often receive compensatory time off.

Joining Moran in signing the letter to Rogers were: Representative Tom Davis (R- VA.); Rep. Steny Hoyer (D-MD); Rep. Connie Morella (R-MD); Del. Eleanor Holmes Norton (D-DC); Rep. Elijah Commings (D-MD); Rep. Frank Wolf (R-VA); and Rep. Albert Wynn (D-MD).

Editor's Note: A copy of the letter to Chairman Rogers is attached.