Judiciary

Federal defender program will run out of funds to pay panel attorneys, court officials warn

bag of money and gavel

Lawyers appointed to represent federal criminal defendants through panels of the Criminal Justice Act won’t be paid for the last couple of months of the fiscal year because of funding shortfalls, court officials warn. (Image from Shutterstock)

Lawyers appointed to represent federal criminal defendants through panels of the Criminal Justice Act won’t be paid for the last couple of months of the fiscal year because of funding shortfalls, court officials warn.

The payment cutoff is estimated to begin July 23, Bloomberg Law reports in a story noted by Above the Law.

The bills will be paid when the next fiscal year begins Oct. 1. But “using money from next fiscal year to back pay this year’s expenses could tee up another funding lapse, depending how much is appropriated,” the article says.

A lawyer in Kansas City, Missouri, has taken out a loan to tide her over. A lawyer in South Carolina expects to pay her law school intern with personal funds while putting expenses on credit cards.

Complicating the payment picture is a two-week system upgrade beginning June 11 during which attorney payments will be frozen.

The funding shortfall stems from a decision by Congress to hold funding this fiscal year to the same level it was the previous year, according to an April letter to congressional appropriators from U.S. Judicial Conference officials. Also affected is the Defender Services program, which has implemented a hiring freeze and canceled technology improvements.

The judiciary is seeking a 21% funding increase for federal defenders next fiscal year, according to Bloomberg Law.

Funding issues also raise significant concerns about the ability to maintain court security at a time of rising threats to judges, according to the letter and a April 18 press release.