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This increase essentially mirrors increases that are budgeted for all state employees.The new pay progression plan would create an imbalance in the pay scale between SPD employees and prosecutor employees.My father (who was also a lawyer) used to love telling a story about how he was able to triumphantly prove to the court that a yacht charter was backdated by showing the stamps which had been used to pay the nominal 15¢ stamp duty were in fact first issued by the post office some four months after the date stated on the face of the document.However, he rarely adds that he actually ended up losing that trial, which brings us to my second point – even though the law generally deprecates the backdating of documents, the legal consequences of backdating are highly variable.

The Law Society of Upper Canada Ontario Discipline Committee determined that backdating the employment contracts was for the purpose of misleading a third party, and suspended the solicitor for a period of twelve months.

Historically SPD and ADA attorneys have always been in the same employee classification with similar job duties and responsibilities.

The State Bar urged and supported a plan presented to JFC from State Public Defender Kelli Thompson, and while it wouldn’t achieve complete parity, it would bring SPD attorneys much closer to the pay progression amount given to ADAs and DDAs.

When we say “backdating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.

However, at common law this was a criminal offence (going by the contradictory sounding name of uttering a false document) and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law (for example, in the British Virgin Islands see section 242 of the Criminal Code 1997).




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