LOS ANGELES — The longest U.S. government shutdown in history has officially ended, but the repercussions for federally funded defense lawyers and their clients will be felt for months. Thousands of court-appointed attorneys, who serve under the Criminal Justice Act (CJA), have not been compensated since June, when the funding for the Defender Services program fell short by $130 million and was exhausted by July 3. Instead of moving forward with trials, many lawyers have been left in limbo without payment or the ability to take on new clients as their budgets strained under unpaid expenses. Nationally, CJA lawyers address about 40% of cases in which the defendant cannot afford representation. As trials grind to a halt, defendants—who continue to be arrested—are left waiting. Michael Chernis, a CJA attorney in Southern California, stated, 'The system’s about to break,' explaining that he has not taken new cases since August and had to resort to personal loans to keep his law firm afloat. Amid the payment crisis, many attorneys across the country have withdrawn from CJA work after facing severe financial hardship. Reports show some defense team members are forced to resort to personal savings and even gig jobs, such as driving for Uber, to support their families. Although federal courts may begin processing payments in the coming weeks, Judge Robert Conrad, the director of the Administrative Office of the U.S. Courts, warned that the future funding situation remains grim, with a projected funding shortfall to CJA panels likely to resurface. The situation is particularly dire in California’s Central District, where a significant number of defense attorneys have ceased accepting new cases altogether. Courts have started to suspend cases, with judges even having to dismiss criminal charges against defendants due to the inability to secure legal counsel. This situation raises concerns about the right to fair representation as defendants continue languishing in the system. The impoverished state of the Defender Services program threatens the constitutional right to counsel, which has become a pressing issue in federal courts as judges warn of an impending operational collapse without additional funding.
Federal Court Appointed Defense Lawyers Face Funding Crisis After Shutdown
The end of the longest government shutdown in U.S. history brings relief to many, but federal defense lawyers continue to grapple with severe funding shortages, jeopardizing access to legal representation for those in need.
With the government shutdown concluded, the fallout has left federally funded defense lawyers in distress due to unpaid wages and additional funding shortfalls. Thousands of court-appointed lawyers have found it challenging to take on new clients or prepare existing cases, putting defendants' rights at risk. As many lawyers are forced to seek alternative income paths, a rise in case dismissals and delays complicates an already strained justice system.
