Senate Passed Higher Education Act Includes Durbin's Prosecutor & Public Defender Loan Relief Proposal

Press Release

Today, the U.S. Senate passed the Higher Education Act which included a proposal authored by U.S. Senator Dick Durbin (D-IL) to create a student loan repayment program for law school graduates who commit to serve as criminal prosecutors or public defenders. Today's Senate passed bill also included key components of Durbin's Sunshine Act and Campus Safety bill.

"Today prosecutors and public defenders offices are having serious difficulty hiring and retaining good lawyers because students are leaving law school with mortgage-sized student loan debts," said Durbin. "When prosecutor and public defender offices cannot attract new lawyers or keep experienced ones, their ability to protect the public is compromised. The federal government has a responsibility to help make public service law an affordable option for talented, experienced lawyers who want to work in the criminal justice system."

With the average law graduate carrying a staggering amount of student loan debt -$78,763 for those who attended private schools, and $51,056 for public schools - Durbin's bill would establish a student loan repayment option for full-time State and local prosecutors and State, local and Federal public defenders who agree to serve for a minimum of three years. Federal prosecutors are already eligible for loan relief through existing Federal programs.

"This legislation is incredibly important to prosecutor and defender offices throughout the country. It will help us tremendously in attracting and retaining the best and brightest attorneys to work in the criminal justice system. This will contribute to the safety of our citizens," said Paul A. Logli, State's Attorney for Winnebago County and Chairman of the Board of the National District Attorney's Association.

Durbin cited the contrast between the loan burdens carried by today's law school graduates and the entry-level salaries for prosecutors and public defenders as evidence of the need for relief. More than 80% of law students borrow to pay for their law degree, and the amount borrowed by many students exceeds $100,000. Many law graduates also carry unpaid debt from their undergraduate studies. At the same time, the median entry-level salary for State prosecuting attorneys is $46,000, and the median entry-level salary for public defenders is $43,000.

"This is an important step to assist in both the recruitment and retention of quality lawyers for both prosecutor and public defender offices," said Ted Gottfried, the Illinois State Appellate Defender.

Today's Senate passed Higher Education Act also included major provisions from a bill Senator Durbin introduced earlier this year, the Student Loan Sunshine Act. The Student Loan Sunshine Act reforms the student loan system by making sure that lenders will be prohibited from providing payments, gifts, and other inducements to colleges and financial aid administrators that create conflicts of interest. It will also ensure that students and their families have all the facts and can feel confident that they're receiving the best deal on their college loan. The proposal provides students and their families access to information about preferred lender lists, special arrangements between lenders and colleges and terms and conditions of loans.

The Higher Education Act also included key provisions from legislation Durbin introduced shortly after the Virginia Tech shootings earlier this year, the Campus Law Enforcement Emergency Response Act. The proposal would ensure that all colleges and universities develop emergency response procedures and campus notification systems, and test them at least annually.

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