A coalition of 49 Democratic lawmakers is raising the alarm over the growing crisis facing federally appointed defense attorneys, warning that delayed payments to private lawyers could ripple through the justice system.
Senator Peter Welch of Vermont and Representative Suzanne Bonamici of Oregon led the push, sending a letter to Congressional appropriators urging full funding for the Defender Services program. Without it, roughly 12,000 private attorneys who represent indigent defendants have gone unpaid for more than four months—a scenario they say could recur in 2026.
“The cascading consequences of underfunding public defense will delay prosecutions, clog U.S. Attorneys’ Offices, compromise convictions, and deny victims and witnesses their day in court,” the lawmakers wrote.
The judiciary requested $1.76 billion for fiscal year 2026 to fund federal public defenders and private attorneys serving defendants who cannot afford counsel. Current proposals from both chambers fall short: the House bill allocates $1.57 billion, while the Senate version sets aside $1.6 billion.
Federal public defenders, representing roughly 60% of defendants without private counsel, remain in a hiring freeze for a third consecutive year, leaving more than 500 positions unfilled. That shortage forces courts to rely heavily on Criminal Justice Act (CJA) panels—private attorneys who handle the remaining 40% of federally funded defense work.
These attorneys, mostly sole practitioners or small-firm lawyers, endured months-long payment delays last year, with funding only resuming after the government shutdown ended in November. The delays have forced some to incur debt, decline new cases, and contributed to trial postponements. In at least one instance, a case was dismissed because a judge found the lack of defense funding violated the Sixth Amendment.
If Congress passes the House bill without adjustment, the Administrative Office of the U.S. Courts warns that CJA panel payments could again be deferred for at least 77 days beginning mid-June 2026, reigniting the cycle of disruption.
The warning is clear: without full funding, courts face delays, justice is compromised, and public confidence in the legal system risks further erosion.
