'The system's about to break' - Thousands of court-appointed lawyers and staffers haven't been paid since June | Fortune
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'The system's about to break' - Thousands of court-appointed lawyers and staffers haven't been paid since June | Fortune
"Thousands of court-appointed lawyers, known as Criminal Justice Act panel attorneys, along with paralegals, investigators, expert witnesses and interpreters, haven't been paid since June after federal funding for the Defender Services program fell $130 million short of what the judiciary requested and ran out July 3. They had been told they would receive deferred payment once Congress passed a new budget, but as the government shutdown dragged on, many couldn't move forward with trials or take on new clients."
"Nationally, CJA lawyers handle about 40% of cases where the defendant cannot afford an attorney. As many cases have ground to a halt, defendants' lives have been put on hold as they wait for their day in court. Meanwhile, the federal government has continued to arrest and charge people. "The system's about to break," Michael Chernis, a CJA panel attorney in southern California, said during the shutdown. He hasn't taken new cases since August and has had to take out a loan to make payroll for his law firm."
"Panel attorneys should begin receiving payment as early as next week. Judge Robert Conrad, the director of the Administrative Office of the U.S. Courts, said in a Thursday memo that the resolution Congress passed to fund the government through Jan. 30 provided an extra $114 million for the Defender Services program "to address the backlog of panel attorney payments." But the crisis isn't over - Conrad has said a spending bill pending for the 2026 fiscal year is still $196 million short and will likely run out of money to pay CJA panel attorneys in June."
The longest U.S. government shutdown ended, but thousands of Criminal Justice Act panel attorneys and their teams went unpaid after Defender Services funding fell $130 million short and ran out July 3. Many panel lawyers could not take new cases or proceed with trials, leaving defendants' cases delayed while arrests and charges continued. Some unpaid defense team members took loans, dipped into retirement savings, or turned to gig work to survive. Congress provided an extra $114 million to address payment backlogs, but a 2026 spending bill remains roughly $196 million short and funding could run out again in June.
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