By Kelly Were |
The United States federal defender system, a cornerstone of the right to legal representation, is on the verge of collapse after running out of funds for the current fiscal year.
The crisis has led to the longest payment freeze in the programme’s history and threatens access to justice for thousands of indigent defendants.
The system, which provides lawyers for about 90 per cent of federal defendants who cannot afford one, exhausted its funding on 3 July. Payments to private “panel” attorneys and investigators who assist public defenders have been suspended until the next fiscal year begins on 1 October. The three-month delay comes on top of hiring freezes and a reported 11.5 per cent increase in attorney bankruptcies.
The judiciary has requested $1.8 billion for the coming fiscal year to meet rising caseloads and costs. However, a bill passed by the House of Representatives allocates just $1.57 billion, leaving a $196 million gap. Officials warn that more than 600 staff positions could be lost, while private lawyers may be forced to stop taking new cases, potentially violating defendants’ rights under the Speedy Trial Act.
“I can’t work for free,” one panel attorney said. “If the payments stop, I’ll have to turn down new cases. The government is forcing us to choose between our ethics and our livelihoods.”
A spokesperson for the U.S. Courts called the situation an “unprecedented crisis,” and the American Bar Association warned that the funding failure undermines the constitutional right to counsel guaranteed by the Supreme Court’s 1963 decision in Gideon v. Wainwright.
The judiciary is seeking an emergency $116 million funding boost to keep the system afloat. Congress now faces a defining test of its commitment to equal justice under the law.
