Court-appointed defense lawyers in federal cases face months-long payment delays

Court-appointed federal defense lawyers have not been paid since July, and the backlog may worsen — disrupting criminal cases and threatening access to justice for indigent defendants.

The delay impacts not only lawyers but also paralegals, clerks, and expert witnesses. Many attorneys say they’re being forced to take loans, defer case costs (transcripts, travel), or refuse new appointments until payments resume.

The funding gap arises because the federal judiciary’s budget for court-appointed defense work was frozen at the prior year’s level and has already been exhausted. The judiciary says at least $76 million in payments must be deferred to the next fiscal year, which begins October 1.

Lawyers warn the delays risk undermining the criminal justice system: cases may stall, experts may decline to participate, and morale is threatened. Some offices are already seeing reductions in staffing due to hiring freezes tied to budget shortfalls.

Why It Matters

• Delayed payments may force court-appointed lawyers to abandon new cases, slowing the justice system.

• Key supports (experts, clerks, transcripts) are also affected, threatening trial quality.

• Defendants—especially low-income ones—could lose their right to effective counsel.

• Budget constraints and congressional inaction could make this a recurring crisis.

• The situation underscores how vital budget certainty is to upholding constitutional rights.

Key Outcomes (Potential or Emerging)

• Some defense lawyers may decline future appointments, leaving cases unattended.

• Courts may see mounting delays, backlog, or case dismissals due to inability to staff.

• Experts and witnesses may refuse to participate without guaranteed payment.

• Defense offices may shrink or freeze hiring, reducing capacity.

• The crisis could draw congressional or judicial pressure to reform funding mechanisms.

 

Publication Date & Live Link

• Publication date: September 26, 2025 Maryland Daily Record
• Live link: Court-appointed criminal defense lawyers have gone months without pay — The Daily Record Maryland Daily Record