EL PASO, Texas (KFOX14/CBS4) — A major funding crisis is threatening the federal court system’s ability to provide legal representation for those unable to afford it, impacting thousands of public defenders including some in our area who are going un paid.
The program responsible for compensating court-appointed private attorneys for federal defendants has depleted its funds, according to a news release by the United States Courts.
The funds ran out on July 3, leaving more than 12,000 lawyers nationwide without pay until October unless Congress intervenes with emergency funding.
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Cori Harbor, a local public defender, highlighted the impact on attorneys.
“Right, so obviously the vast majority of CJA attorneys who accept these cases, 12,000 of us nationwide, are solo practitioners or small business owners,” said Harbor. “So we have responsibilities to staff, we have overhead expenses, we have rent, mortgage, all of the things that it takes to run a business. But yet we’re also bound by our ethical duties and our constitutional responsibilities to our clients.”
Approximately 40 percent of all federal public defense is managed by these private lawyers, many of whom operate solo or in small firms and cannot afford to wait months for compensation.
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Court leaders have stated that $116 million in supplemental funding is urgently needed to prevent further disruption to the federal court system.
The funding crisis also affects other court functions. “Well, if we have a Spanish-speaking client and we do not speak Spanish, we need an interpreter,” said Harbor. “And now the court is, or the government is asking these interpreters to assist us without being paid.”
Judges warn that the situation could delay trials, leave some defendants without legal assistance, and even risk constitutional violations.
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