Defender Warns of Federal Courts ‘Crisis’ Without Extra Funding

Federal public defenders need an additional $116 million this summer to avoid an expected budget shortfall and the “catastrophic complications” that stem from starting the next fiscal year in a deficit, a top defender warned Democrats.

Melody Brannon, the defender chair for the Defender Services Advisory Group, said in a Friday letter that a supplemental appropriation of $115.7 million to the defenders “would fill the funding gap” in this year’s spending bill and prevent an expected payment lapse to certain lawyers.

The letter, obtained by Bloomberg Law, is addressed to Sen. Dick Durbin of Illinois, the top Democrat on the Judiciary Committee; Sen. Peter Welch (D-Vt.), a former public defender; and Rep. Suzanne Bonamici (D-Ore.).

Court officials have warned that the defender services program will run out of funds in mid-July to pay attorneys on what’s known as the Criminal Justice Act panel for their work over the last few months of this fiscal year. These attorneys are appointed by federal courts to represent criminal defendants who can’t afford representation.

The judiciary expects to pay back the lawyers once it receives next fiscal year’s funds, beginning on Oct. 1. However, pulling from fiscal 2026 funds to pay prior year expenses could tee up another funding lapse next year.

And in the meantime, panel attorneys won’t be paid for their work and will be left to front the costs for expert witnesses, investigators, their own staff, and operating expenses. Panel attorneys are mostly solo practitioners or at small firms.

Brannon, also the federal defender in Kansas, said in the letter that payment suspension for panel attorneys “will have devastating consequences for the criminal legal system.” She said this includes forcing lawyers to push back trial dates, withdraw from cases, or decline to take new assignments.

“The resulting crisis will harm our clients and the functioning of federal courts writ large,” she wrote.

The judiciary, which houses the defenders, has asked Congress for a nearly 10% increase in its overall budget for the next fiscal year, and a more than 21% increase in funding for its federal defenders.

The judicial branch received the same funding this fiscal year as last, an effective cut given inflation, after Congress passed a full-year extension of fiscal 2024 funding levels to avoid a government shutdown.