For at least the next two-and-a-half months, private defense attorneys in San Diego and across the United States will be expected to provide legal representation for indigent clients without pay, a situation that has arisen due to a funding freeze for the federal program that compensates them under the Criminal Justice Act (CJA). This funding issue began when Congress’s financial resources ran out on July 3, leaving attorneys who take on these federal criminal cases in a difficult position.
Chief U.S. District Judge Cynthia Bashant of the Southern District of California described the current scenario as a “crisis.” While past challenges have been navigated, the current pay freeze adds pressure to a system that relies heavily on private attorneys. The funding shortfall comes after a continuing resolution passed in March 2023, which maintained most government spending levels from the previous fiscal year, including inadequately providing for defender services.
According to U.S. Courts data, over 90% of federal defendants are unable to afford legal representation. Legal organizations like the Federal Defenders of San Diego manage about 60% of these cases, while the remaining 40% are handled by private attorneys who volunteer to take CJA appointments at reduced rates. In San Diego, those attorneys are regarded as highly qualified, often recruited for their reputations in the legal community.
With the CJA compensation rate set at $175 per hour for non-death penalty cases, many attorneys are concerned about how the pay freeze will impact their ability to represent clients. This financial strain could potentially lead to delays in the legal process, undermining the Sixth Amendment rights of defendants. As Hall remarked, “Justice delayed is justice denied.”
The implications of this funding hiccup are significant, extending beyond the attorneys to include interpreters, investigators, and other essential roles in the defense team, which could experience disruptions as firms weigh their financial viability. While some attorneys may make sacrifices to continue representing their clients, reliance on CJA cases is a lifeline for many.
Despite the dire outlook, there remains a steadfast commitment among CJA panel attorneys to uphold the constitutional rights of defendants. Their dedication reflects a belief in the principle of fair legal representation, and many are motivated by the rewarding nature of this important work. Judge Bashant expressed optimism, noting that solutions would be found, which fosters hope that the justice system will not only weather this storm but emerge resilient.