Public Attorney

The Criminal Justice Council is proud to assist Delaware agencies in retaining and recruiting public attorneys by offering student loan repayment assistance through the John R. Justice (JRJ) federal grant program and NEW state funding through HB 380.

Student loan debt is consistently cited as the overwhelming reason why attorneys decline or leave the public and non-profit sectors. The JRJ and the new State Public Attorney Student Loan Repayment Assistance programs ultimately serve as an incentive to attract and retain quality legal services and better serve the citizens of Delaware.

The CJC plans to accept new applications beginning 10/1/24. The CJC is working with a vendor to build an online application portal to streamline the application process. Eligible applicants will receive between $2,500 and $5,000 if they apply for the State Program and/or an equal share of the John R. Justice award amount. Based on the volume of applicants in 2024, the CJC estimates that 2025 State Program applicants will receive $5,000, and Federal Program applicants will receive between $2,500 and $3,500.

The Annual Report is required by statute. It summarizes the Program, applicant demographics, and recommendations based on the experience of the most recent group of applicants.

See below for program descriptions, eligibility criteria, and to learn more about the information required on the application from the SFY 2024 application packet.

Have additional questions or want to schedule a session for your agency’s attorneys? Contact Cary Smythe at: cjc_tuition@delaware.gov or 302-577-8728

The John R. Justice federal grant has been available to assist State of Delaware Public Defenders and Criminal Prosecutors for over 10 years. The NEW State Public Attorney Student Loan Reimbursement Program has wider eligibility criteria to recruit and retain public attorneys by offering student loan repayment assistance. The two programs have separate but overlapping eligibility criteria. All applicants must submit a completed application packet and select the program for which they are applying. Eligible applicants may apply for both programs.

• The applicant is an active member in good standing of the Bar of the Supreme Court of the State of Delaware or is practicing law under Rule 55.
• The applicant has secured a qualified educational loan prior to submitting an application
• “Qualified educational loan” includes government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational expenses related to an applicant’s undergraduate or law degree program.
• The applicant has been an employee of the State of Delaware or one of Delaware’s civil legal aid organizations for at least a year, as of the close of the application period, AND the applicant’s primary job function is the practice of law.
• “Civil legal aid organizations” include Community Legal Aid Society, Inc. of Delaware (CLASI), Delaware Volunteer Legal Services (DVLS), or Legal Services Corporation of Delaware (LSCD).
• If you have been in your current position for less than a year and wish to apply, you may count time spent in a prior position at one of the eligible agencies (State of Delaware, CLASI, DVLS, LSCD) if your primary job function was the practice of law. Time in your current and prior positions must add up to at least 12 months.
• Submit a completed application to the Criminal Justice Council with required service agreement, loan verification documentation, and a 2023 W-2 or tax return to verify salary requirements (applicants with a salary over $110,000 are ineligible).
• Since the Loan Award Committee is using 2023 W-2s or Tax Returns to verify applicants’ annual salaries, attorneys are eligible to apply as long as they made no more than $110,000 in 2023.
• Future program years, pending source fund availability, will require year-end income documentation from the most recently available tax year. Due to the timing of the current program year’s application submission period, every applicant is presumed to have access to their completed tax return and W-2 from 2023.
• All eligible applicants who receive an award will receive the same amount (between $2,500 and $5,000). Benefit recipients will be notified of the amount and receive a lump sum payment directly to their loan servicer by the end of June 2025.
• Assuming funding is continued in future state fiscal years, eligible applicants may apply once per state fiscal year. Successful State Program awardees may receive up to 10 awards in their lifetime.

• The applicant is an active member in good standing of the Bar of the Supreme Court of the State of Delaware.
• The applicant has secured a qualified educational loan prior to submitting an application; only federally backed student loans are eligible for JRJ repayment assistance.
• The applicant is a full-time attorney practicing law for the State of Delaware in either: a) the Office of Defense Services or b) the Department of Justice with a criminal caseload of 75% or more.
• Successful applicants must agree to stay in an eligible position at ODS or DOJ for an initial 3-year period and a one-year agreement for every additional year they apply to the Program.
• Submit a completed application to the Criminal Justice Council with required service agreement(s), loan verification documentation, and tax return, as outlined in the federal program requirements.
• Eligible applicants who receive an award will be ranked based on financial need and the number of eligible applicants. Prior successful applicants received awards between $500 and $5,000. Benefit recipients will be notified of the amount and receive a lump sum payment directly to their loan servicer by the end of June 2025.
• Assuming funding is continued in future federal fiscal years, eligible applicants may apply once per federal fiscal year grant award. Successful JRJ awardees may not receive more than $10,000 in JRJ benefits in any given calendar year. Successful JRJ awardees may not receive more than $60,000 in JRJ benefits in their lifetime.

If you fit into both programs’ eligibility criteria, yes! Attorneys who are eligible for the John R. Justice federal grant program are likely eligible to participate in the State’s public attorney student loan repayment assistance program. Applicants of both programs must qualify independently for each set of eligibility criteria. However, the JRJ program participation is projected to be lower due to its narrower eligibility criteria. The new combined application allows individuals to opt into the program that is the best fit for them.

A lump-sum check will be issued from the Criminal Justice Council directly to the specified student loan servicer, on behalf of the approved applicant. Applicants who successfully apply and receive approval for both the JRJ and State Programs will receive two separate checks (one for each program award) to their specified lender(s).

The State of Delaware’s Public Attorney Student Loan Repayment Assistance Program is funded through the Delaware Criminal Justice Council by the State of Delaware’s new Public Attorney Student Loan Repayment Program (made possible by HB 380). The federal Prosecutor and Public Defender Student Loan Repayment Assistance Program is made possible through funding from the United States Department of Justice, Office of Justice Programs, through the Bureau of Justice Assistance’s John R. Justice Grant Program, Award 15PBJA-21-GG-00103-JRJX.

The CJC does not provide legal advice on tax issues. Beneficiaries of John R. Justice Student Loan Repayment Program and State Public Attorney Student Loan Repayment Assistance Program benefits remain responsible for, and should consult with their tax advisors for advice on any tax obligations resulting from benefits paid on their behalf. The Bureau of Justice Assistance released a letter from the IRS providing information that JRJ recipients may benefit from. State program applicants should speak directly with their tax advisors. 

For the purposes of participation in either program, the CJC and the Public Attorney Student Loan Program Committee will not count current or previous student loan repayment assistance awards toward the salary cap stipulation in the State Program eligibility criteria.

2025 Application Packets contained the following information:

1. Loan Verification documentation: the most recent statement(s) showing that your qualifying loan(s) carry a balance and are in good standing with your lending agency
2. Your Tax Return for 2022 (JRJ Applicants only)
3. Your Tax Return OR W-2 for 2023 (State Program Applicants only)
4. The appropriate Federal Service Agreement and/or State Conditions of Program Participation:

• State HB 380 Applicants are required to download and sign the State Conditions of Award
• All applicants must complete the State Conditions of Program Participation. This document outlines the expectations of program involvement, and unlike the federal service agreements, it carries no requirements for future service as a public attorney.
• Federal JRJ Program Applicants are required to download the Federal Service Agreement that applies to them
• First year JRJ applicants: Complete JRJ Service Agreement B
• Second and third year JRJ applicants: Complete JRJ Service Agreement D
• Fourth year and beyond JRJ applicants: Complete JRJ Service Agreement C

For more information on the John R. Justice program, visit BJA’s John R. Justice Program Overview page. Visit the Delaware statute, HB 380, for information and eligibility to participate in the State of Delaware’s Public Attorney Student Loan Repayment Program. 

If you have additional questions about the Programs, please contact Cary Smythe (email: cjc_tuition@delaware.gov, direct line: 302-577-8728.

Related Topics:  HB 380, John R. Justice, public attorney, student loan repayment assistance