LA prosecutors must await civil service ruling on DA’s hiring policies

LOS ANGELES -- A Los Angeles County judge refused Wednesday to order District Attorney George Gascon to stop hiring former public defenders for key positions, saying the prosecutors' union claims they were unqualified for the jobs must wait for a determination from the Civil Service Commission.

Superior Court Judge Mitchell L. Beckloff said he would wait for the Civil Service Commission to issue a ruling on Gascon's hiring and promotion practices. Beckloff wrote in his order that it was too early for the petitioners -- the Association of Deputy District Attorneys -- to be granted a preliminary injunction.

The union has filed nearly a dozen appeals with the Civil Service Commission contesting the validity of appointments of three former public defenders: Tiffany Blacknell, Shelan Joseph and Alisa Blair. Union members argued they were denied promotions as a result.

"There is no competent evidence before the court about what the commission might find after a hearing and what remedy it might issue," Beckloff wrote. "The court cannot determine on the evidence presented today that there is no adequate remedy available to petition. The court has nothing before it to suggest how the commission might remedy any violation of the civil service rules it might find."

The judge did note, "The court could undoubtedly fashion an appropriate injunction order." The parties will return Dec. 3, two days after the Civil Service Commission revisits the appeal and decides whether to set a hearing date.

The hiring of the three former deputy public defenders has become a focal point of a dispute between Gascon, who was elected on a campaign of charging fewer people and seeking shorter sentences, and line prosecutors who say his policies are fueling a crime wave. The union maintains none of the former deputy public defenders are qualified to hold the titles they have. Blacknell and Joseph, who previously served as deputy public defender 4, were reclassified as deputy district attorney 4. Blair went from deputy public defender 3 to deputy district attorney 3.

Elizabeth J. Gibbons of The Gibbons Firm represents the Association of Deputy District Attorneys. She contended Wednesday that waiting for the Civil Service Commission's ruling might be futile, as the agency would likely find that it lacks jurisdiction to send Blair, Blacknell and Joseph back to the public defender's office.

Beckloff was unconvinced. At the end of the day, it is up to the commission to decide if Gascon's hiring practices violate civil service rules, he said. After that determination is made, a superior court judge can fashion any remedy, he said.

Justin H. Sanders of Sanders Roberts LLP, representing the DA, argued in court papers that Gascon's actions were approved by the county and the requested relief would preclude Gascon from filling any more jobs.

"Petitioners' attempt to weaponize the court system for politically motivated reasons in an effort to interfere with a duly elected officer's official duties cannot be allowed," Sanders wrote.

Beckloff is expected to set a trial date on Dec. 3. The case is Association of Deputy District Attorneys v. George Gascon, 21STCP3412 (L.A. Super. Ct., filed Oct. 12, 2021).