The program that pays court-appointed private attorneys to represent indigent federal criminal defendants has run out of money, starting the clock on a painful three-month delay in paying these attorneys and their related service providers for constitutionally mandated legal work (article available here).
The funding crisis has prompted concern throughout the federal Judiciary that many of these private lawyers, known as panel attorneys, could decline new cases. That could leave defendants, even those on death row, without adequate representation.
There are more than 12,000 private panel attorneys throughout the country who accept CJA assignments annually. About 85 percent of them work for small firms or are solo practitioners who can ill afford long delays in payments for their work.
The funding shortfall also affects specialists employed by the defense to help effectively present their clients’ cases, such as investigators, interpreters, and expert witnesses. Many of those vital roles may go unfilled for three months, with unpredictable consequences for the criminal legal system.
The work can’t simply be turned over to federal defender organizations across the country because those offices are already seriously understaffed.
Federal Defender offices have been under a hiring freeze for 17 of the past 24 months because of tight budgets from Congress. Many defender offices are experiencing increased burnout among employees working excessive overtime.