The Fallout of the Government Shutdown on Federally Funded Defense Lawyers and Their Clients
The longest U.S. government shutdown in history may have come to an end, but its effects will continue to be felt by two groups in particular: federally funded defense lawyers and the people they represent. Thousands of court-appointed lawyers, known as Criminal Justice Act panel attorneys, along with paralegals, investigators, expert witnesses, and interpreters, have not been paid since June due to a $130 million shortfall in funding for the Defender Services program.
These lawyers handle about 40% of cases where the defendant cannot afford an attorney, and the lack of payment has brought many cases to a grinding halt. Defendants’ lives have been put on hold as they wait for their day in court, while the federal government continues to arrest and charge people. Michael Chernis, a CJA panel attorney in Southern California, stated that “the system’s about to break” as he hasn’t taken new cases since August and had to take out a loan to make payroll for his law firm.
Unpaid Defense Team Members Struggle to Make Ends Meet
Unpaid defense team members in several states have had to dip into their retirement savings or turn to gig work, such as driving for Uber, to support their families. Panel attorneys are expected to begin receiving payment as early as next week, thanks to an extra $114 million allocated to the Defender Services program. However, the crisis is far from over, with a spending bill pending for the 2026 fiscal year still $196 million short, likely leading to another funding shortfall next June.
The problem is particularly severe in the Central District of California, where about 80 out of 100 CJA panel attorneys have stopped taking on new cases. Chernis has a client who lives in Sacramento, but neither Chernis nor a court-appointed investigator have been able to cover the cost of travel to meet with him to discuss the case. The expert they need for the trial will also not agree to travel to Los Angeles to work on the case without payment.
A Constitutional Right to Due Process
Everyone in the United States has the right to due process, including the right to legal counsel and a fair and speedy trial, guaranteed by the 5th and 6th Amendments. Critics of the Trump administration argue that it is chipping away at this right, citing the case of Kilmar Abrego Garcia, a Salvadoran-born man who was mistakenly deported to El Salvador and imprisoned at a notorious prison. President Trump has been circumspect about his duties to uphold due process rights, saying in an interview that he does not know whether U.S. citizens and noncitizens alike deserve that guarantee.
The funding upheaval has delayed Christian Cerna-Camacho’s trial by at least three months. His lawyer said in court filings that one investigator was unable to do more work until he is paid. Cerna-Camacho was arrested in June and is accused of punching a federal officer during a protest against Trump’s immigration raids. He is out on bond but cannot find a construction job while he wears an ankle monitor because it poses a safety risk at the site.
David Kaloynides, a CJA panel attorney in Los Angeles, couldn’t even communicate with some of his clients during the shutdown because they speak only Spanish, and interpreters were not being paid. His caseload is full to the point where he’s scheduling trials in 2027, while many clients wait in jail. “We don’t do this appointed work because of the money; we do it because we’re dedicated,” Kaloynides said. “But we also can’t do it for free.”
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Image Source: www.latimes.com
