Washington: The ongoing U.S. government shutdown has entered its fourth week, severely disrupted the nation’s justice system and pushed thousands of court-appointed defense attorneys into financial distress. As Congress remains locked in a budget impasse, funding for the Criminal Justice Act (CJA) panel lawyers who represent indigent defendants has dried up, creating a constitutional and ethical dilemma across federal courts.
More than 12,000 private attorneys serve under the CJA, ensuring legal representation for defendants who cannot afford to hire their own counsel. However, the pool of funds that supports these legal services was exhausted in July. With no new appropriations due to the shutdown, these lawyers have been working without pay for weeks, forcing many to decline new cases or withdraw from ongoing ones.
Legal experts warn that the funding lapse could directly affect the Sixth Amendment right to counsel, a core pillar of the American justice system. In several federal courts, judges have been forced to delay trials or suspend proceedings because defense lawyers cannot afford to hire expert witnesses or investigators.
Federal courts are still operating with limited resources, but the defense system is showing visible strain. In a recent case in Sacramento, a defendant sought to dismiss his indictment, arguing that lack of compensation for his lawyer violated his right to effective counsel. While the judge denied the motion, the trial was postponed until January because the defense could not pay for an essential expert witness.
Such delays are becoming increasingly common nationwide. Defense lawyers say they are struggling to maintain professional obligations without financial support. “This isn’t just about our pay it’s about whether the justice system can function fairly,” one panel attorney remarked, noting that prolonged nonpayment risks turning the right to counsel into “an empty promise.”
The vast majority of CJA lawyers about 85 percent operate as solo practitioners or belong to small firms. These attorneys rely on consistent payment to sustain their practice, pay rent, and support staff. With rates already modest at roughly $175 per hour for most cases and $223 for capital cases, the current freeze has left many unable to stay afloat.
Several districts are witnessing an alarming decline in available defense counsel. In one California district, the number of attorneys accepting new indigent cases dropped from around 100 to fewer than 20 in recent weeks. This shortage threatens to clog court dockets and delay justice for hundreds of defendants awaiting trial.
Legal scholars warn that the prolonged funding gap could evolve into a constitutional crisis. The landmark 1963 Supreme Court case Gideon v. Wainwright established the right to legal counsel for all defendants, regardless of financial status. But with defense lawyers unable to perform their duties effectively, that right may be undermined in practice.
Federal judges have voiced increasing concern that the government’s inaction is compromising the integrity of the judiciary. “The system is stretched to its breaking point,” said one judge, emphasizing that justice cannot be served if one side is forced to operate without resources.
The shutdown, already one of the longest in U.S. history, has exposed the fragility of key government functions beyond federal paychecks and administrative work. It is now testing the very foundations of due process and fair trial. If the impasse continues, courts could face a surge in appeals, mistrials, and motions to dismiss based on claims of inadequate representation.
For many attorneys, the situation has become untenable. Some are taking out personal loans to continue representing their clients, while others are quietly stepping away from federal defense work altogether. Until Congress acts to restore funding, both the lawyers and the defendants they serve remain trapped in a system paralyzed by political deadlock.