After the Government Shutdown: Crisis in Federal Defense Payments Lingers

Sat Nov 15 2025 21:27:04 GMT+0200 (Eastern European Standard Time)

Although the longest government shutdown in U.S. history has ended, the repercussions continue to affect federally funded defense attorneys and their clients.

The ending of the government shutdown has not resolved funding issues for the Defender Services program, leaving many court-appointed attorneys and their clients in dire situations. Thousands of defense lawyers remain unpaid since June, causing significant delays in court cases and threatening the constitutional rights of defendants waiting for legal representation.

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 and investigators, have not received payment since June due to a $130 million shortfall in federal funding for the Defender Services program. This shortfall halted payments and left many lawyers unable to take on new clients or adequately prepare for trials.

“The system’s about to break,” stated Michael Chernis, a CJA attorney from California, who has been unable to accept new cases since August. Some attorneys have resorted to loans just to keep their firms operating amidst the funding crisis.

Nationally, CJA attorneys are responsible for handling around 40% of cases involving defendants who cannot afford representation. As many cases have stalled, defendants' lives remain in limbo while the federal government continues to charge and detain individuals.

Despite congress passing a bill to fund the government through January 30, providing a temporary solution with an extra $114 million for the Defender Services program, the future remains uncertain. Chief Judge Dolly Gee highlighted the dire issues in California's Central District, where a majority of attorneys have halted new cases due to payment concerns.

Judge Robert Conrad noted in a memo that while attorneys may begin receiving delayed payments soon, the spending bill for fiscal year 2026 is still $196 million short, indicating the potential for another funding crisis in the coming months.

Throughout the courtroom, cases are being put on hold, and some have been dismissed altogether, where defendants have had their constitutional rights compromised. The judiciary is witnessing a backlog of cases fueled by a lack of available representation, leaving many individuals languishing without access to legal counsel.

While the immediate crisis may seem alleviated, unless funding issues are thoroughly addressed, the fundamental principles of due process and the right to effective legal representation for all will remain in jeopardy.