System in Crisis: Federal Court Defense Teams Suffer After Government Shutdown

Sat Nov 15 2025 22:03:53 GMT+0200 (Eastern European Standard Time)

Post-government shutdown, many court-appointed defense attorneys face financial struggles, impacting their ability to represent clients in federal court.

The longest government shutdown in U.S. history has deeply affected federally funded defense lawyers and their clients. Countless court-appointed lawyers, investigators, and support staff have gone unpaid, leading to significant delays and case dismissals in the judicial process. The situation remains precarious, as funding shortfalls could lead to a similar crisis in the future.

LOS ANGELES (AP) — The longest U.S. government shutdown in history has ended, but the repercussions will continue to deeply affect federally funded defense lawyers and the clients they serve. Thousands of court-appointed attorneys, paralegals, and other support staff have remained unpaid since June after the federal funding for the Defender Services program fell drastically short.

Currently, CJA (Criminal Justice Act) panel attorneys represent about 40% of defendants unable to afford legal representation, and as trials are stalled, many defendants face prolonged uncertainty surrounding their cases. The financial implications have forced defenders to seek loans and alternative jobs, including gig work, to sustain their livelihoods. Michael Chernis, a California CJA attorney, has reported taking new cases off his docket and struggling to sustain his firm financially.

Just before Congress resolved the funding crisis, Judge Robert Conrad from the Administrative Office of the U.S. Courts noted that the new budget allocated an additional $114 million to help ease the backlog of payments owed to defense attorneys. Still, concerns loom over a potential funding gap in the coming fiscal year, further threatening the ability to provide adequate defense.

Significant Case Holds in California and Beyond

In many federal district courts, especially in California, the situation is dire. Out of approximately 100 CJA lawyers in the Central District of California, around 80 have ceased taking new clients. As a result, a backlog of cases has emerged, exacerbated by a lack of resources such as investigators willing to work without compensation.

Judges, including California's Central District Chief Judge, have voiced the critical nature of the problem, mentioning delays in legal proceedings that infringe upon defendants' rights. Recently, some federal judges were compelled to dismiss cases for defendants who couldn’t secure legal representation, highlighting the severe implications of the funding crisis.

Continuing Constitutional Threats

Everyone is entitled to due process, including the right to counsel and a fair trial as delineated in the Fifth and Sixth Amendments. This ongoing turmoil raises concerns that the fundamental rights of defendants are at risk. The financial challenges faced by CJA attorneys not only threaten their practice but also compromise the very essence of justice in the U.S. legal system.

As attorneys continue to grapple with these financial and operational challenges, many remain dedicated to championing justice despite the obstacles. Their commitment reflects a deep-seated belief in the right to fair representation, but as David Kaloynides, a fellow attorney, pointed out, the system cannot function effectively if attorneys are compelled to work without compensation.

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