The following excerpt is from Haeuser v. Department of Law, Government of Guam, 97 F.3d 1152 (9th Cir. 1996):
Additionally, other government attorneys remain classified, including all assistant public defenders. Although it is not decisive that other government attorneys remain classified, it is probative of the practicability of classifying assistant attorneys general. See Grossman v. Rankin, 43 N.Y.2d 493, 402 N.Y.S.2d 373, 379, 373 N.E.2d 267, 273 (1977) ("In prior cases our review has been guided to a certain extent by reference to the manner of classification by government units having similar responsibilities."). The record reflects no material difference between assistant public defenders and assistant attorneys general to explain why the legislature could conclude that it was practicable to include assistant public defenders, but not assistant attorneys general, within the merit system. The government's brief points out that the duties of an assistant attorney general are different from the duties of an assistant public defender, who defends and represents members of the public. Although true, this does not support the conclusion that assistant attorneys general must be subject to a four-times longer probation period than assistant public defenders and be barred from appealing an adverse employment action.
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