prosecutor puts it, the infighting, lawsuits and upheaval inside the Los Angeles District Attorney's Office has turned it into a veritable "snake's nest."

A series of legal battles between the prosecutors union and District Attorney Steve Cooley over allegations of anti-labor retaliation has provided a rare and sordid glimpse into the office charged with enforcing the law in the nation's most populous county.

"There is a lot of apparent acrimony between the administration and the union," said Tom Higgins, the head deputy district attorney who oversees criminal filings for most of Los Angeles and once ran against Cooley. "I think it's unfortunate we are fighting amongst ourselves."

The battle is playing out in a federal lawsuit filed last fall by the prosecutors union and in more than a dozen unfair labor practice complaints before the county Employee Relations Commission.

The fight centers on a series of allegations that Cooley has worked to quash union activities by retaliating against hundreds of prosecutors involved with the Association of Deputy District Attorneys.

For example, he is accused of transferring pro-union attorneys to postings farther from their homes, cutting benefits, demoting them and downgrading their job evaluations. He is also accused of avoiding subpoenas from the county labor board, which is seeking to have him explain his actions.

Cooley's representatives dismiss the allegations


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as the work of a small group of disgruntled employees who politically oppose Cooley, including one who ran against him in 2008.

But he has to fight the charges even as he seeks to raise his political profile in coming months by exploring a run for state attorney general.

For someone who aspires to the state's highest law enforcement office, Cooley's "contempt for the rule of law and for the welfare of his deputies is astonishing," said attorney Matthew G. Monforton, a former Los Angeles deputy district attorney who represents the union.

"He has retaliated against deputy prosecutors who have simply expressed an interest in joining the union," said Monforton, who now practices law in his native Montana while continuing to represent the union. "Cooley has cut health benefits to prosecutors who have unionized as well as their families. ... Cooley simply does not want to have anyone to be able to hold him accountable for the illegal activities and the illegal manner in which he has run the office."

District Attorney's Office spokeswoman Shiara Davila- Morales said Cooley was unavailable to comment on the Association of Deputy District Attorneys lawsuit or the cases before the Employee Relations Commission.

"As for the (ERCOM) matters, these have been filed by a small group of four or five disgruntled and, in some cases, troubled employees," Davila-Morales said. "This has not caused upheaval or infighting within the office."

Attorneys opposed Cooley

Los Angeles attorney L. Trevor Grimm, who is representing the county in the ADDA lawsuit and ERCOM cases, did not return calls for comment.

Kevin Spillane, a consultant for Cooley's potential attorney general campaign, noted that ADDA president Steve Ipsen ran against Cooley in the 2008 election and lost.

"(The ADDA) opposed Cooley in 2004 and 2008 and he was overwhelmingly re-elected," Spillane said. "And in this campaign, the small group of disgruntled employees have endorsed the two other Republican candidates for attorney general, (state Sen.) Tom Harman and (former Chapman University Law School dean) John Eastman and Democratic candidate (San Francisco District Attorney) Kamala Harris."

But Ipsen disputed Spillane's contention about a "small group of disgruntled employees," noting the ADDA board that voted to file the federal lawsuit and the ERCOM complaints has 21 members.

Ipsen said he supported Cooley in 2004 but ran against him in 2008 because Cooley didn't keep campaign promises, made "punitive transfers" of prosecutors and refused to address union grievances.

Ipsen estimated about 30 percent of the more than 1,000 prosecutors in the D.A.'s Office have since suffered punitive transfers - banished to entry-level jobs in locations far from their homes.

"Federal and state laws give deputy district attorneys the right to have an association and not to be threatened if we have a union, and that is what this administration is doing - causing fear and threatening people's careers if they join or support the union," Ipsen said.

The hostility intensified in October when the ADDA filed the lawsuit alleging Cooley had retaliated against prosecutors who joined the union with "freeway therapy," transferring senior prosecutors to juvenile courts that often involve long commutes.

One is Robert Dver, assistant head deputy of the Training Division, who told Cooley he wanted to join the ADDA's contract negotiating team to help "achieve reasonable compromises" between the ADDA and the Cooley administration, Monforton wrote.

But Cooley reacted to Dver's idea with "disgust," told him those who joined the union were "contaminated" and instructed him to instead "undermine" the ADDA, Monforton wrote. When Dver refused, Cooley transferred him out of the Training Division and demoted him, Monforton wrote.

On Monday, the federal judge will hear a motion Monforton filed seeking a preliminary injunction prohibiting Cooley from retaliating against prosecutors due to their membership in the ADDA.

Meanwhile, the yearlong hearings before ERCOM are expected to resume on Thursday and March 3. The ADDA alleges Cooley's office engaged in retaliatory transfers of union members and "radically" changed the method of evaluating employee performance in an attempt to undermine the union.

Before the new system, Ipsen said, 85 percent of the prosecutors were rated "outstanding" but now most of them have been downgraded to merely "competent" or worse.

"It's a way to control and punish people for union involvement," Ipsen said. "The first person to be rated `below competent' was me."

ERCOM certified the 300-member ADDA in 2008 as a full-fledged public employees union, following a lengthy battle between Cooley and the prosecutors group. Since then, Ipsen testified he's seen a marked increase in discipline, demotions and terminations.

`Fear in the office'

In his ERCOM complaint, Deputy District Attorney Marc Debbaudt, vice president of the ADDA, alleged Cooley uses "malevolent, vindictive and retaliatory tactics," has a "hit list" of those who criticize him and are ADDA members and has permitted cover-ups of several instances of corruption within his office.

Debbaudt said Cooley has transferred numerous veteran prosecutors into new jobs so they can't "gain a following" and challenge him politically.

"There is a lot of fear in the office," Debbaudt said. "People are afraid to speak up. I would say morale is the lowest it's ever been in my experience."

Since the middle of last year, the ADDA has served Cooley with numerous subpoenas to testify at the hearings, but Cooley has "deliberately" avoided testifying," Encino attorney Richard Shinee, who is representing the ADDA, told ERCOM hearing Officer Thomas Kerrigan on Dec. 2. Shinee said Cooley had promised to appear on five occasions, but failed to do so.

"I think it's outrageous that the chief law enforcement officer of this county is evading a subpoena," Kerrigan said during the hearing.

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