Partner Jim McManis represents Santa Clara County deputy district attorney Daniel Chung in an ongoing free speech lawsuit. In a recent letter, District Attorney Jeff Rosen instructed Chung not to perform any assignments despite his reinstatement and a return to work order.
Jim questioned why the public is paying Chung’s salary while he isn’t working. “It’s scandalous. He’s getting paid over $200,000 to sit at home,” Jim said. “It’s not coming out of the DA’s pocket. It’s coming out of the county purse — and we’re reading all the time about how the county is strapped for money.”
Chung’s lawsuit stems from a 2021 opinion article questioning “progressive criminal justice reforms” following racist violence toward Asian Americans. Rosen suspended Chung and eventually reassigned him from serious felony cases to ones dealing with mental health and juveniles. After Chung continued to pen articles criticizing the DA’s office, Rosen placed Chung on administrative leave. Over the next two years, Rosen terminated Chung’s employment twice, but two separate decisions ordered Chung to be reinstated.
“When we win this case, and I expect to win, not only will the county have spent all this money paying for Rosen’s defense – they’re going to pay us attorney fees,” Jim said.
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