Top Court Official Projects Hundreds of Defender Job Cuts

The federal public defenders would be forced to cut over 600 positions and halt payments for court-appointed criminal defense lawyers for more than two months next year under House Republicans’ proposed budget, the judiciary’s top official warned.

Judge Robert Conrad, director of the Administrative Office of the US Courts, delivered the warning in a July 25 internal memo addressed to federal courts and court employees, days after a House spending panel advanced its proposed budget for the next fiscal year. The memo was obtained by Bloomberg Law.

The proposed legislation would provide nearly $1.6 billion in fiscal 2026 for the Defenders Services program, which represents criminal defendants who can’t afford their own attorneys. The fiscal year begins Oct. 1.

The funding would represent an increase from the $1.45 billion the defenders received the past two fiscal years, but fell short of the judiciary’s request for $1.77 billion.

The House plan would require defenders to “downsize” by more than 600 positions from its current level. Conrad said cuts could be more severe if staff reductions happen later in the year, after the next fiscal year is underway.

It would also force the judiciary to stop paying criminal defense lawyers on what’s known as the Criminal Justice Act panel for 77 days, beginning June 11, 2026, the memo says. This “would be the longest deferral in the history of the program,” Conrad wrote.

“Reductions of this magnitude would inhibit the Defender Services program from meeting its constitutionally mandated mission,” he said.

The projected budget shortfall for next fiscal year comes as the judiciary has called on Congress to increase its funding, following several years with a roughly flat budget. House spending leaders have proposed a $8.9 billion budget for the judiciary overall, including an 18% increase in funds for court security.

The judiciary ran out of funds to pay CJA attorneys this year as well, in early July, which has required those lawyers to work without pay and front costs for interpreters and experts until the fall.

Several defense lawyers have asked courts for relief in pending cases. A federal appeals court on July 22 rejected a Seattle defense lawyer’s request to withdraw from a case over the payment freeze, but agreed to pause proceedings until funding was restored.

Senate appropriators have yet to release their funding proposal for the court system.