Bruce McMahon: Doreen Boxer and union busting: How it will end up hurting the client

Since Doreen Boxer and Lauri Ferguson have come to power, we as deputy public defenders have been told that everything that their administration has done has been for the benefit of our clients.  However, upon a closer look of the actions of Ms. Boxer and Ms. Ferguson, their actions have had the sole purpose of benefiting one entity: their own administration.  Their statements about the sole concern being the public defender client is a mere distraction to a much more serious conspiracy:  the breaking of our union and the destruction of our office as we have known it.

You may be asking yourselves how this may be so, but the evidence is there.  When Ms. Boxer made a statement to the California State Bar during a public hearing regarding Proposed New and Amended Changes To Rules Of Professional Conduct on October 7, 2006, she stated that she had “…walked into an office equally decimated…”  (Reporter’s Transcript, Page 37, lines 22-23).  Let’s be perfectly honest, Interim Public Defender Jerry Farber left our office in MUCH BETTER shape than we find it now, more than 4 years after Doreen Boxer took it over.  Under Mr. Farber, morale was in good shape, camaraderie was high, and people were generally happy.  Now in 2010, morale is in the toilet, units are broken up for too much camaraderie and people are extremely unhappy.

Boxer and Ferguson have intentionally started a reign of terror by instituting cruel and illogical office policies, vindictive terminations and transfers, promoting incompetent individuals to supervisorial levels and maintained a level of employee disregard that remains unmatched by any previous public defender administration with the goals of busting our unions and creating a hostile work environment where turnover is high and camaraderie and pride in the job are low?  Why?  It’s simple:  money and power.  To explain this, a story about Ms. Boxer and Ms. Ferguson’s friend, Gary Windom must be told.

Many of you might remember that when Doreen first came on board and promoted Ms. Ferguson to be her assistant, she had Riverside Public Defender Gary Windom come by administration and provide some training.  Why Gary Windom?  Who knows?  Maybe it’s because Mr. Windom is fond of not giving his staff pay raises and promotions and then going to the Riverside County Board of Supervisors, tooting his own horn about how much money he just saved them.  In fact, he was so popular with his staff that they QUIT HIS OFFICE IN DROVES (which was highly publicized, by the way).  Some of his former attorneys work in our office today!!!  Does this sort of action sound familiar?  I hope so, because it was Lauri Ferguson who told the leadership of our attorneys union that she felt Deputy Public Defender II can do what a Deputy Public Defender IV could do!  See the pattern here?

Clearly, the current PD administration has it out for IV’s.  In March, we were told by Doreen that we were in a serious bind moneywise and we would lose (LOSE) 5 (five) attorney positions if we didn’t do something about it.  We as a union decided to act and we gave up our negotiated 6% pay increase to save our colleagues positions.  What happened?  Doreen Boxer fired people anyway and now we went from losing 5 attorney positions to gaining three Deputy Public Defender I positions?  If you aren’t mad, you should be.  And don’t blame the union, either.  Blame Boxer and Ferguson.  They intentionally mislead us.  Why?  Employing Deputy Public Defender I’s is much cheaper than employing II’s, III’s, and IV’s.  Wow, she’s saved the board money (MAYBE) but she’s done the client HARM.  How so?  Read on.

Now, assuming those three Deputy Public I’s are hired and pass the two week training program, are they going to be ready to hit the ground running and start going to trial?  Yeah, right.  Not only are the overworked II, III, and remaining IV’s going to have to worry about their caseload, they are going to have to train the new attorneys in the field.  What a great thing for the client, eh?  Counsel made ineffective by increased work obligations training counsel that basically don’t know anything will make for what?  INCREDIBLY INEFFECTIVE COUNSEL FOR THE CLIENTS.

Another problem is the issue of who these overworked and new counsel are going to look for regarding assistance:  their supervisors?  Good luck there!  Thanks to Ms. Ferguson’s cronyism, we have a felony trial supervisor in the Central Public Defender’s Office with NO TRIAL experience.   Back in the day when many were a Deputy Public Defender I’s, it was made very clear to us that we MUST DO FELONY TRIALS TO PASS PROBATION.  What did we do?  We did both misdemeanor and felony trials before we were worthy just to pass probation.  Who would have thought way back then that the road to supervisor would lead from the Juvenile Division (Ms. Ferguson’s favorite unit)?  Again, it’s not WHAT one actually knows, but WHOM one knows.

Are these supervisors designed to assist young or experienced with trial issues?  Well, probably not, seeing how one of them has never actually done one.  These “new breed of supervisors” are akin to the Zampolit of the Stalinist Era in the Soviet Union, mere political officers whose true duty is not to guide, but to make sure that everyone is acting according to the expectations of the administration and weed out those suspected of non-compliance for re-education on Administrative Leave or worse, a transfer to Needles.  Think of this, my fellow colleagues, is this where you want to spend the next 20 years of your life trying to make it to retirement (between stress leaves and medical leaves for shingles, of course)?  If you’re going to try, Boxer and Ferguson are still trying to prevent this from happening.

As you all know, Ms. Boxer and Ms. Ferguson have enacted numerous stupid and cruel office policies to frustrate our unions and destroy morale.  I used to think that this came from an inability to see us attorneys, investigators and staff separate from the union that represent us.  This is where the “disturbing conspiracy” part comes in:  They know exactly what they are doing and they are doing it on purpose.  They are making us all terrified and afraid to act because most figure that they’ll get picked off if they even suggest something negative is going on in our office.  Further actions are hoped to create a high turnover rate.

Why?  Businesses like McDonald’s rely on a high turnover rate to keep costs LOW.  If any of you have ever worked in these types of jobs (I admit, I have) you’ll probably remember the piss poor wages, non-existence of benefits and egos of those nice shift leaders who threaten you on the spot with termination if you complained about the work environment.  Furthermore, see a lot of camaraderie between workers in those jobs?  NO.  Why take pride in a job with slave wages and be friends with an individual who may not be there next week for some reason or another.  Lower cost means more love from the Board of Supervisors for Doreen.  I wonder if Mr. Windom taught her this?

Sadly, this is what Doreen is trying to do with our union.  She has made a work environment where people are terrified and thus the theory is that people are unwilling to act against injustices by PD administration against them.  Furthermore, high turnover rate will mean that New Deputy Public Defender I’s will be less invested in the union and thus, will not risk their jobs for union goals that have everyone’s best interest at stake.  It’s a one-two punch that results in a death blow for our unions!  In the end, our union WILL be a paper tiger and all the goals that we have fought for will slip through our fingers (that is if Ms. Boxer hasn’t fired us by then).

In short, Ms. Boxer and Ms. Ferguson wish to impose a “McDefense” sort of law office upon the indigent clients of San Bernardino.  It will the closest thing an attorney or investigator or a clerk will have to a “McJob.”  Will undertrained or overworked experienced attorneys be of benefit to our clients?  No.  Will the supervisors whom Lauri Ferguson picks from her stocks of friends and end up being incompetent help our clients? Definitely not.  Will a union with no power help our clients?  Again, sadly no.

There is an upside to this.  We have a strong union.  I know there are Deputy Public Defenders who are “…Mad as Hell and they’re not going to take it anymore.”  I sure am, and I’m ready to fight.  WE NEED TO SHOW THE BOARD OF SUPERVISORS THAT BOXER AND FERGUSON MUST BE GIVEN THE BOOT, BUT GOOD!  We must fight for our rights as employees and for our client’s rights to have an effective office representing them!  Our failure to act will have serious implications not only to ourselves, but to all of San Bernardino County who rely on us.  It’s time for Boxer and Ferguson to go!

26 thoughts on “Bruce McMahon: Doreen Boxer and union busting: How it will end up hurting the client

  1. Good to read at least some of these PD’s are speaking up.

    Question though, where did Ms.Boxer work before she became a full time tyrant and had sex with the likes of Ramos?

    I mean two weeks on the job and riding up the elevator naked with Mike Ramos??? What a moron among some other names.

    She convinced me she was an idiot when her and Stringer tried to sue to stop attorneys from representing their peers within the union on disciplinary issues. With the experience these two no doubt like to claim, their lawsuit would have never been dismissed in the early stages as it was. JUST STUPID!!!

    I hope she is not another one who graduated from internet law school and spent NO TIME in the courtroom like her pal Ruthy.

    Question for Neil Derry. Are you confident in Ms.Boxer like you are Sheriff Hoops, because Ms. Boxer is always respectful and shows dignity to others?

    Bruce McMahon you have my utmost respect for speaking up. YOU are now another disgruntled employee for whatever reason. YOU are most likely an asshole too!!

    Wear it as a badge of HONOR when you compare yourself to the likes of these County officials who we KNOW are crooks. JUST like the ones in the City of Bell.

  2. Bruce,
    You should know by now that you work for San Bernardino County. In this county, shit rises to the top. Why do you think it is called San Berdoo.?
    You are correct about favoritism. Jenny Cannady and Christopher Gardner, both friends of Lauri Ferguson, have no jury trial experience. Friendship got them promoted. Camber and Zitny are friends of Doreen Boxer. Friendship got them their jobs. Ferguson has little jury trial experience
    and a closer look at Boxer’s background might yield some surprises. Just how did a staff attorney from Orange County get to be the PD of the largest county in the U.S ? Not too hard to figure that one out.
    AntiCorruption Unit Ms. Boxer’s escapade in Lake Arrowhead happened in her first week on the job.That’s how she got the job. Fooling around will get you to the top.
    Bruce is right, these two want to emasculate the office to save their jobs. They won’t be happy until they have your balls hanging on the dashboard of their cars.

  3. AnticorruptionUnit,

    I think if you ask anyone who knows me, I don’t like being an asshole, but I’ll be one when I have to. I appreciate the support and in this instance, at least, I am proud to be an asshole! It’s time for this administration to end. It’s also time for Ms. Boxer and Ms. Ferguson to find new jobs!

  4. Dick,

    While I agree with your statements, I do have to say that I have NO problems with Camber or Zitny. I think they have done a great job while with the office and it’s my opinion that they’re a couple of the few good people that Boxer brought with her from O.C. Other people may differ in opinion, but that’s my take. Thanks to you too for your support! It really does help.

    Bruce

  5. I hope I live long enough to see the reign of terror by the gruesome twosome end.

  6. LSW, I think it is Grover Merritt DDA.

    On a more serious note Bruce, when I first heard of the rumblings in the PD’s office before your stories became a regular theme on iepolitics, it was quite a shock to hear that a PD doing his/her job, and getting a client acquitted, might lose their job was over the top.

    Let’s face it, if Boxer would have been terminated after her little escapade at Lake Arrowhead, you all would not be here having to talk about all this.

    As far as I am concerned it’s just another failure for the BOS and CAO. ONE of many the public can point to when we discuss competance in the elected or appointed officials around here.

    Those PD’s who care about doing a good job for their clients, PLEASE continue to do so, and to hell with what Ramos or anyone else says.

    It was Public Defenders like David Negus who taught me to dot my “i’s” and cross my “t’s” before filing a criminal case and charging someone with a crime based on bogus evidence or bias towards the defendant.

    It seemed to me guys like Negus disliked cops, and if you didn’t do your job he would let you know it, one way or another.

    Negus did his job, whether one liked him or not, he was a force to be recognized and respected for his tenacious approach.

    Don’t you folks set aside your standards for those who wish to ride naked in elevators with those who have questionable character in the first place, then are tyrants 24/7 with their own people.

    Keep up the fight!!!!!

  7. On a side note, everyone, the felony trial supervisor in the central office apparently completed a misdemeanor trial and….lost. Apparently, it is percieved that after doing a few misdos, she will move on to a few felony trials to take the wind out of the sails of the argument that she hasn’t done a felony trial. Well, where I come from, it’s too little too late. Furthermore, the incompetence issue has more to do with doling out bad advice and micromanaging her staff to assuage her own ego. Maybe she should take a few more management courses at the local junior college than follow the management style she gleemed from Hamburger University.

  8. First the hospital, now this agency. When will it end? It is crystal clear that the manager of the Public Defender does not have control of her department. I expect this type of cronysim in Chicago but not here. What a shame. Now anyone with an internet connection can see how ridiculous our County has become. This post and others like it have convinced me to change my vote, probably to the Libertarian Party.

  9. One trial in 15 years and she gets promoted? If I had that lousy record, I would be on WPIP, then fired. What claim to fame does she have…oh yeah, she’s Fergie’s “friend”. There are two other supervisors in Juvenile who have dismal trial stats too. Ferguson is promoting people from Juvenile to send a message that the Juvenile section is so important when it has always been a place the lazy, burned out cases retreated into. She ran out to Juvenile to avoid the hard work of trials. Sorry, girlfriend, you may feel less mediocre by promoting your own, but we know the truth. You need a WPIP.

  10. It is interesting that a felony supervising DPD is handling misdo trials to prepare for felony trials. I was handling a felony calendar and felony trials as a DPD I.

  11. How is it that people with NO trial experience are being promoted to positions of leadership? What the hell is going on in the Public Defender’s Office?

  12. Ramos has to bring people like Boxer, David Ellis and Zitny from Orange County because he can’t find anyone is San Bernardino County who has any respect for him.

  13. Isn’t Susan Starbuck a Public Defender supervisor? She was well known to be scared to death of trial and has done only a few felony jury trials at most. Other DPD’s have done a hundred or more–shouldn’t they be the ones running the show?

  14. To MLS:
    Are you saying that Mike Ramos’ political consultant, is the one who brought Ms. Boxer into this County? If so, then the DA indirectly, if not DIRECTLY, picked the Public Defender? We always wondered how Ms. Boxer got here. It all makes sense now. Uffer was informing for Ramos, got to know Ellis as a result, and Ellis knew Boxer. This stinks.

  15. I am concerned about the information in Tom’s post. It is intriguing to say the least. It was Mr Uffer who brought Ms. Boxer into this County. No one knew how he got her. Tom’s insight may be the correct one. Mr. Ellis, who is Mr. Ramos’s political consultant, is from Orange County. Ms. Boxer is from Orange County. Mr. Uffer was close to Ramos. Merely being from the same County does prove a link but I for one am suspicious. Maybe Mr. Ramos and Ms. Boxer already knew each other which could explain their escapade in Lake Arrowhead. If this pans out. the the DA’s office had a hand in picking the Public Defender. Now the office is in shambles. I am not a big believer in conspiracies but this should be checked out.

  16. Hey All,

    Just a quick update. We are working on a no confidence solution to the Boxer/Ferguson problem. Again, when it comes about, I will ask my collegues in the PD’s office to vote and to vote their conscience.

    Bruce

  17. Unfortunately, I am a client of the PD’s office, and have witnessed first hand the poor representation dealt to me by their office led by Jenny Cannady. After reading this site, I now have a greater understanding of the corruption that has taken place inside this system and am horribly disappointed and disgusted with these people. Do they not realize that they are playing with the lives of innocent people?

  18. Whoa! What’s wrong with that chick’s face?! She looks totally botoxed up, with squinty eyes and chicken teeth. Ugh!

  19. I am one of the former PDs who quit after being basically given a choice that Ms. Boxer was apparently given by the Board. I had a choice to be fired and bring a lawsuit against the county or quit and get a severance package (a very modest one by comparison to the 6 month package Ms. Boxer reportedly is receiving). It was a very very difficult decision. Every fiber of my PD instincts told me I should fight, but when you’re an adult, with a family to support, the risk was not just my own to take. So I made the decision to quit – a decision that I now regret in light of recent events.

    My decision to stop being a PD was made after a very long battle with the administration. I sat in several, hours long meetings at admin with an union hired attorney while Ms. Ferguson and others basically conducted a proctological exam of every file I touched over several years. Even files showing obvious moments of brilliance with successful strategies resulting in dismissals or other clearly good results were questioned and criticized. It was very obvious that the purpose of the entire process was not a fair and impartial evaluation of my work, but instead was obviously intended to make a record to justify termination. However, knowing that the process was patently unfair didn’t stop it from being a completely demoralizing and humiliating experience. But in the end, I left the office convinced that I had well represented my clients under very difficult circumstances – circumstances that were made all the more difficult by the mean and unfair management style of Ms. Boxer and Ms. Ferguson.

    That is why I silently cheered Bruce’s fearless postings as I sat in my robe looking at my computer screen from home when I knew that my friends and former co-workers were at court doing battle for their clients in the hostile work environment created by an inexperienced and immature administration. Perhaps it is petty, but my spirits were raised by the news of what just happened to Boxer, and what is apparently about to happen to Ferguson. The thought that they now have to sit with the same fear and stress that I had about what is about to happen, about what to do next in life is a level of poetic justice that I didn’t anticipate happening this soon if ever,

    Leap frogging over Ferguson and appointing Phyllis Morris as the interim Public Defender, is clearly intended to send a message that there is a regime change in the office. That intended message is that the politics of fear and intimidation of the Boxer era is going to change. I very much appreciate the intended message, albeit a little late for me and the many others in my situation. However, I must warn those that remain. Some of those meetings that I had to sit through included Ms. Morris. Much of the unfair file review that I had to endure – some of it patently absurd, unfair and mean spirited – was conducted by Ms. Morris. She seemed all too ready to do Ms. Ferguson’s bidding. Perhaps things will change now that she is in charge, and doesn’t have to answer to Boxer/Ferguson. But I fear that the old adage will prove true, the more things change, the more things stay the same. I hope I am wrong, but my warning to the rest of you remaining in the office is, don’t let your guard down. Don’t assume all is well and good in the PD universe.

    If you do, you may find yourself in my position. Just over a week away from Christmas. A family to support. A mortgage to pay. A college eduction to save for. A child who is looking forward to Christmas morning. And all with only $200 in my bank account while I can’t help but think that a few more months of a severance package like Boxer got would have made a big difference. Or better yet, a regular job to go to where all I wanted to have happen was for my own administration to get out of the way so I could do my job and fight for my client’s rights.

    To those of you who survived the Boxer administration, good luck and happy holidays.

  20. XPD,

    I appreciate your letter and the information you shared. I can’t imagine what you and your family must have gone through.

    I am sure there are brighter days in your future. I can’t help buy feel like we lost a good attorney when we lost you.

    Take care and happy holidays to you as well.

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