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Journalist Suzanne Monyak wrote a very informative Bloomberg article reporting that the government shutdown threatens to stress resources for an already strapped criminal defense bar, as the federal judiciary prepares to run out of cash.
Thousands of lawyers on the Federal Criminal Justice Act Panel – who represent indigent defendants when federal public defenders can’t – have now been working for over three months without pay after funds dried up. Making matters worse, there is no end in sight amid the shutdown that began Oct. 1.
The funding lapse could threaten the ability of criminal cases to continue when court-appointed attorneys are needed. Federal public defenders rely on CJA panel attorneys to take clients in cases involving multiple defendants when the defenders have a conflict of interest. Meanwhile, staff at federal public defender offices, who represent people who can’t afford attorneys, will begin working without pay next week. Their last guaranteed paychecks are set for Oct. 24 for work during the first two weeks of the month.
Though courts maintained funding for the five-week shutdown during the first Trump administration, multiple consecutive years of flat budgets have left the judiciary with narrower margins. Several federal defenders said they don’t plan to furlough any staff. They’ll continue working without pay under shutdown protocols requiring criminal litigation to continue. They noted their offices are already understaffed, following months under a hiring freeze and tight budgets.
Still, the cash crunch could have ripple effects across the criminal justice system where defendants are constitutionally mandated to have access to representation.
WHAT HAPPENS WHEN CJA PANEL ATTORNEYS CANNOT ACCEPT CASES?
If fewer CJA lawyers agree to take on cases, it could raise constitutional issues for defendants. The financial strain could also put lawyers in a precarious ethical position as they must effectively represent their clients while personally struggling financially. Roughly 85% of lawyers on the CJA panel are solo practitioners or work at small firms. Several federal public defenders raised concerns that their employees may struggle financially if the shutdown continues too long.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
