•»«»*•»•* *•*>1 NEWS THE BATTALION Public defenders want higher pay HUNTSVILLE, Texas (AP) — Once David O'Neil uses up a few weeks of extra vacation and compensatory time, he no longer will be the top pub lic defender for indigent Texas prison inmates. Yet he still could owe 30 more days to the state: in jail on a contempt charge in a dispute over working conditions in his department. O'Neil, head of the trial division at the State Counsel for Offenders, says low salaries for his 10 staff attorneys promotes attrition and erodes prison ers' chance of justice when they are charged with crimes behind bars. Lawyers who defend inmates make less than those who prosecute them, and they also work for the agency that brings charges against the inmates in the first place. ■ "I can't work under these condi tions," said O'Neil, who technically re mains chief of the trial division until he begins teaching at Sam Houston State University in September. "With the turnover we have. I'm forced to make ethical decisions that A, I shouldn't have to face and; B, are situations our clients shouldn't have to be put into." Two of O'Neil's crusades have borne fruit — lawyer salaries have in creased and the state counsel is poised to win independence from the “They wanted not just a pay in crease, but a whole pay struc ture for their of fice that, to some extent, TDCJpeo ple thought was stupid” — Carl Reynolds general counsel for the prison system and board prison system in a board vote later this month. But it is too little, too late for O'Neil and seven of his staff attorneys, who have either left or have announced their resignations. "Someone else is going to have to do it now," said O'Neil, a former Ma rine lawyer. "I've spent five years fighting this." A yearlong salary dispute came to a head last summer, when O'Neil said the Texas Department of Criminal Justice refused to approve increased salaries for new attorneys to defend convicted sex offenders against civil commitment cases brought under a new law. "They said to hire them at $37,000," O'Neil said, referring to the approximate figure made by all state counsel trial lawyers. "My point was that it was going to set up constitu tional problems. It's clearly ineffective assistance of counsel." Lawyers for the Special Prosecutors Office, which represents the state in in mate cases, make between $48,000 and $62,000 and have use of a vehicle, an imbalance that O'Neil says is not fair to inmates. Prosecutors, who are paid from a gubernatorial grant and work for individual counties, counter that prison defenders have superior state benefits and can do private-practice work using generous comp time. O'Neil considered the TDCJ's in terference to be a conflict of clients' in terest "inasmuch as our office was be ing run by TDCJ," so he immediately withdrew from two unrelated cases last fall. A judge in one case was sym pathetic, but gave the prison board time to rectify the pay flap. The solution was the appointment of a legal-issues liaison. That led to a salary reclassification in October that proposed a $5,000 pay increase to about $42,000 a year. Critics say O'Neil wanted his office to be treated differently than any oth er group of attorneys in Texas. "They wanted not just a pay in crease, but a whole pay structure for their office that, to some extent, TDCJ people thought was stupid," said Carl Reynolds, general counsel for both the prison system and the board that oversees it. "It's just not good man agement." O'Neil announced his resignation in January. It’s time to give your home phone a vacation. 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The football media guide finished fifth nationally, and the men’s basketball media guide finished seventh. The overall number of awards placed the A&M office fourth na tionally, while assistant athletic director for media relations Alan Cannon was named the second vice-president by his peers in the CoSIDA organization. Junior Wimbledoi Texas A&M’s men’s tem signee Tres Davis lost his secor round singles match inthejun portion of The Championship: Wimbledon on Tuesday at The England Lawn Tennis and Cn Club in Wimbledon, England. Davis, the United States'lit 2 singles player in thejuniorpj tion, dropped a straighl-st match to Slovakia's AndrejKra man, the tournament’s I seed, 6-2, 6-1. Davis won his opening rout singles match against Zimbal we’s Dumiso Khumalo in sets (4-6, 6-4, 6-4). He was on of four Americans to play in as gles field of 64 and oneofot two Americans to advance toi second round. res r Drwe e N/i Sti The Wimbledon experience >int. not yet over for Davis, the Uni States’ No. 1 doubles player.r m oking, he wond will team up with Austral Adam Kennedy in the 27-te? doubles draw on Wednesday.?! fifth-seeded duo received afiti round bye. John has just sp : e in college stuc ired for his drean ass one more exai As he drops his ample, John's mir one week ago \ artaking of an i While he did nr moke will be enov loyment line. These are comrr iced with undergr re drug testing te< fter someone fills Teachers reconsida bonus salary system Dr. Jack Zaun, t onsfor One Sourc )eer Park, Texas, s; egin a drug evalu iirough an iminui 3 determine whet he sample. CHICAGO (AP) — What if a teacher got docked every time a child brought home a "D," or perhaps the principal's favorite received a $2,000 bonus? Such possibilities make teach ers wary of linking their pay to per formance instead of seniority. But as a teachers' union meeting in Chicago began reconsidering longtime resistance to bonus sys tems, another union reported Tues day from Philadelphia that teachers still get paid much less than other professionals. "The teaching profession often is n't even in the horse race," said San dra Feldman, president of the Amer ican Federation of Teachers, at a news conference in Philadelphia. In the 1998-99 school year, the av erage teacher made $40,574, the AFT said in its annual salary report. New Jersey teachers had the high est average pay, $51,692, while South Dakota had the lowest, $28,386. In New York, the average pay was $49,686, up 4.7 percent from 1997-98; California averaged $46,326, up 3.9 percent; Texas, $34,448, up 2.5 percent. The union contrasted teachers' pay with that of other white-collar jobs in cluding engineers at $68,294 on aver age and computer systems analysts, $66,782. The AFT represents less than half of the nation's 3.1 million teach ers, but surveyed state departments of education for its report released at its biennial meeting. The union also on Tuesday backed a proposal for mandatory testing of teachers. The pay disparity between teach ers and other professions has fueled the debate over linking teacher pay to performance. In Chicago at the annual meeting of the AFT's larger rival, the National Education Associ ation is slated to vote Wednesday on how to handle bonus plans when its members bargain with school dis tricts. The NEA, historically against pay for performance, examined its policy — concluding it may at least help local units do the research need ed to decide whether to accept a plan in a contract. A handful of states offer rewards used for computers or training, not teacher pay. But recent demand: business leaders and politicians higher standards often are accoi nied by calls for teacher cashim tives. Some have even been posed by the two leai presidential candidates. Such plans mean teachers higher salaries or bonuses if they judged to be good at what they accept extra or difficult assignmi mentor others on how to becor more effective, or more conJfft. sially, have students whowedif er on tests. Performance pay st blame salary gaps with otherproff sions on unions — which usually gotiate members' salaries basedk many years they've spent classroom or whether they master's degree. "Engineers and computer soil tists who cannot do the job are us: ly let go while the successful oi earn high salaries," said Lissf Bishins, a spokesperson fortheO ter for Education Reform. "Thisis- the case for teachers." John McDonald, a Dearbo Mich., college professor and lo president of organized higher-et tion faculty there, said contracts! designed to help workers, noth schools: "Tenure does not grand protection for the incompetent' do want people to have a fairsha You ought to be able to have your: in court." Some local chapters of h unions have abandoned or seal down pay based on seniority in of like Denver. Cincinnati made hist last month when it became thefi public district to replace its pay-1 seniority scale with pay based onp formance. That system is far (# simple. Teachers would be rated is different areas, every five years,!! principal and an advanced teach then placed into five categoriesi’ paid accordingly, from $30,005 $62,500. But the national organizatb have yet to embrace the idea. 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