Funding Shortfall Impacts Federal Public Defenders, Advocates Warn of Consequences
A major funding crisis is hitting federal public defenders appointed under the Criminal Justice Act (CJA) program, forcing them to do their jobs without pay temporarily, and forcing others to quit the program to focus on private practice.
The reason: the CJA has run out of money for the current fiscal year after Congress kept funding at FY 2024 levels. Congress has yet to approve requested $116 million in supplemental funding to bridge the gap before FY 2026 starts on October 1. The CJA pays court-appointed private attorneys to represent federal defendants who cannot afford their own counsel.
“These attorneys will not be paid until October 1 for the work they have done and for the work that we continue to ask them to do, unless the Judiciary receives supplemental funding from Congress before then,” said Judge Amy St. Eve, chair of the Judicial Conference’s Budget Committee.
In addition, attorneys, paralegals, interpreters, investigators, and other support staff are also not receiving payment at this time.
Consequences of Funding Lapse
Attorney advocates warn this could have significant consequences for the legal system, as over 90 percent of defendants in federal criminal cases have court-appointed counsel because they cannot afford their own lawyer. About 40 percent of those cases go to private, qualified defense attorneys who agree to serve on a CJA panel.
"It threatens to cripple the ability to provide effective public defense, lead to back-ups, attorney shortages and a denial of due process and fair outcomes at a time when the federal government is, it seems to me, increasing prosecutions. It's going to create a justice gap that ultimately harms all of us,” said National Association of Criminal Defense Lawyers (NACDL) President Andy Birrell to CBS News.
And we’re seeing impact already. In New Mexico and Southwest Texas, where immigration related cases are mounting, some attorneys are thinking twice about taking federal public defender cases due to the funding shortfall.
“The case numbers have been astronomical because they are prosecuting everything,” said attorney Cory Harbour. “There’s just no way for us to handle the number of cases that are coming in, and then to expect us to do it now without compensation is just a lot.
That point was echoed by attorney Ryan Villa, the CJA panel representative for the district court in New Mexico.
"Younger lawyers trying to get into this area may decide 'I can't deal with it, it's not worth it,' and go do something else, or just not apply to be on the CJA panel, or resign and not come back," Villa told CBS News. "I think that is happening and will probably continue as long as we have funding problems."