LOS ANGELES (AP) — The longest U.S. government shutdown in history is officially over, but the fallout will continue 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, expert witnesses, and interpreters, haven’t been paid since June after federal funding for the Defender Services program ran out. They had been promised deferred payments 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 defendants cannot afford an attorney. As many cases have ground to a halt, defendants’ lives have been put on hold while awaiting their day in court.
“The system’s about to break,” said Michael Chernis, a CJA panel attorney in Southern California, who has stopped taking new cases since August. To support his law firm, he had to take out a loan to cover payroll.
Unpaid defense team members across several states reported having to tap into personal retirement savings or take on gig jobs just to support their families.
Panel attorneys are expected to receive payment soon, but the crisis isn’t over. Judge Robert Conrad noted that a spending bill for the 2026 fiscal year is still short $196 million, raising concerns that funds may soon run out again.
Cases Paused Across Courts
The issue is particularly severe in California's Central District, with about 80 out of 100 CJA lawyers ceasing to take on new cases. This situation has led to significant delays in the justice process, leaving many defendants in limbo.
Additionally, judges have had to halt critical cases, including death penalty proceedings, due to the ongoing funding crisis. Chief Judge Dolly Gee voiced concerns, stating that without additional funding, the courts won't be able to appoint counsel for all eligible defendants.
Constitutional Rights at Risk
Everyone in the U.S. is entitled to legal counsel and a fair trial, rights guaranteed by the Fifth and Sixth Amendments. However, critics argue recent administrations have undermined these rights, particularly affecting immigrant populations.
As the fallout from the shutdown continues affecting the legal landscape, many worry about the implications for defendants' constitutional rights and the ability of the justice system to function fairly. Attorneys express a deep commitment to their work, emphasizing that while they don’t enter the profession for money, they cannot continue without pay.
