By David Nakamura
Washington Post Staff Writer
Friday, June 20, 2008

A Superior Court judge yesterday issued a temporary restraining order that blocks interim D.C. Attorney General Peter Nickles from firing seven lawyers in his office.

Judge Melvin Wright said that the termination letters sent to the employees were improper and that the firings could cause the employees irreparable harm, said Betty Grdina, an attorney for the employees who sued Nickles.

Wright's ruling came a day after another judge blocked Nickles from firing an eighth lawyer. The restraining order remains in effect until Thursday, when Judge Jennifer Anderson will hear further testimony from both sides.

"It means Nickles can't even make a decision to terminate and he can't kick them off the payroll," Grdina said.

Last month, Nickles informed 11 employees, including a manager and two support staffers, that they would be dismissed. In an interview, he cited budget concerns and performance as the reasons; the department needed to save about $3.5 million, he said.

In his ruling, Wright said that the termination letters cited the budget as a factor in Nickles's decision but that such a reduction in force is subject to regulations in the collective bargaining agreement with the union that represents the lawyers.

That agreement stipulates that managers must give employees notice that they have been performing poorly and give them a chance to improve. But the lawyers who were fired said they were each given at least "satisfactory" performance evaluations and never told they were in danger of losing their jobs.

Nickles disputed the judge's finding, saying the dismissals were based on recommendations from his deputies regarding which employees were performing poorly.

He added that 10 of the employees have appealed his decision and that he is considering the appeals.

"The managers were of the view that, based on performance, they should be given notice of termination," Nickles said.