After Historic Shutdown, Federal Defense Lawyers Face Financial Crisis

Sat Nov 15 2025 21:59:56 GMT+0200 (Eastern European Standard Time)

The recent end of the longest U.S. government shutdown has not alleviated the financial strain on federal defenders, poised to deal with unpaid dues and interrupted legal processes.

Despite the conclusion of the government shutdown, federal defense attorneys are grappling with ongoing crises as they remain unpaid and unable to take on new cases. Thousands of court-appointed attorneys are in financial distress, impacting their ability to represent defendants. While a temporary funding measure has been passed, future funding remains uncertain, leading to a backlog of cases and risking the constitutional rights of defendants.

LOS ANGELES — The longest government shutdown in U.S. history has officially ended, but its ramifications are far from over, hitting federally funded defense attorneys and their clients hard. Thousands of Criminal Justice Act (CJA) panel attorneys, along with support staff, have not been compensated since June, leading many to halt their work, unable to take on new cases.

As a result of the funding shortfall for the Defender Services program, which was $130 million less than what was required, many defendants are left in limbo. Approximately 40% of cases requiring defense representation are managed by CJA lawyers, reflecting the severe impact on a significant portion of defendants who rely on federal representation. With the federal government continuously arresting and charging individuals, the delay in legal processes compromises the rights of countless defendants.

Michael Chernis, a CJA attorney in southern California, illustrates the situation by sharing his struggles to pay his firm's staff while no new cases have been accepted since August. This dire state of affairs has forced many attorneys into personal financial distress, including taking loans or working side gigs to meet basic obligations.

While attorneys are poised to receive back pay following the passage of a government funding resolution, the long-term implications remain concerning. Judge Robert Conrad indicated that there is still a deficiency for the upcoming fiscal period, which could impair continued payments and threaten the viability of the defender system.

In critical regions like California's Central District, attorneys feel the effects keenly, with many halting new case acquisitions due to the financial instability. Judges are left with the prospect of dismissing cases for defendants who cannot secure legal representation, raising alarming questions about the very foundation of due process rights in the U.S. judicial system.

The crisis highlights not only operational challenges but raises concerns over the constitutional mandates for adequate legal representation, putting defendants' rights at serious risk as many of their cases remain unresolved.