In brief
Even after the U.S. government has reopened, the repercussions of the historic shutdown continue to severely affect court-appointed defense attorneys and the criminal cases they handle. Unpaid attorneys are unable to take on new clients, causing significant delays in justice for defendants, many of whom remain in overcrowded facilities. The crisis is expected to persist unless additional funding is secured to address ongoing financial gaps in legal representation.
LOS ANGELES (AP) — The longest U.S. government shutdown in history is officially over, but the fallout continues to hit two groups particularly hard for months to come: federally funded defense lawyers and the people they represent.
Thousands of court-appointed lawyers, known as Criminal Justice Act (CJA) panel attorneys, along with paralegals, investigators, and expert witnesses, have gone unpaid since June after federal funding for the Defender Services program fell $130 million short of what was requested. When funding ran out on July 3, many attorneys were forced to halt ongoing trials and stop taking new clients.
Nationally, CJA lawyers handle around 40% of cases involving defendants unable to afford legal representation. As cases have ground to a halt, the lives of many defendants have been put on hold, while the federal government continues to arrest and charge individuals.
Michael Chernis, a CJA panel attorney in Southern California, expressed serious concerns during the shutdown, stating, “The system’s about to break.” With many attorneys unable to cover operational costs, some have resorted to loans or gig work to support their practices.
While a temporary resolution has provided some relief—an additional $114 million for the Defender Services program—continued shortfalls threaten the stability of legal defense funding. The current spending bill is still $196 million short of what is needed for 2026, and many expect that funding may run out again next June, jeopardizing the ability of CJA panel attorneys to represent clients.
Cases Paused and Dismissed
The issue is particularly critical in California's Central District, where approximately 80 out of 100 available lawyers have ceased taking new cases. Judges have been forced to delay trials or even dismiss cases entirely due to the lack of available counsel.
In New Mexico, for example, a judge halted a death penalty case, citing difficulties in securing the resources necessary for preparation. According to Judge Dolly Gee, the chief judge of California's Central District, the backlog has become dire, risking the constitutional rights of defendants due to lack of legal representation.
Furthermore, the funding crisis has resulted in cases like that of Christian Cerna-Camacho, whose trial has been delayed by at least three months because essential investigative work cannot be completed without funding.
David Kaloynides, another CJA panel attorney, shared his frustrations regarding the inability to communicate with clients who require interpreters that have not been paid. His workload has become so unmanageable that he’s scheduling trials as far into the future as 2027.
Despite the challenges, the commitment to public defense endures. "We don’t do this appointed work because of the money; we do it because we’re dedicated," Kaloynides said. However, he also emphasized the unsustainable nature of the situation.
