A little-known but vital program ensuring that low-income defendants receive legal representation has ground to a halt — and experts say the consequences could devastate Black and Brown communities already facing inequities in the criminal justice system.
The Criminal Justice Act (CJA), signed into law in 1964, guarantees that people accused of federal crimes who cannot afford an attorney are provided one. But federal funding for the program has now lapsed, leaving thousands of defendants without representation.
“It’s a constitutional crisis,” said one defense attorney, who didn’t want to be identified and now faces a caseload so heavy it’s impossible to take on new clients. “Ninety percent of federal defendants rely on CJA counsel. If people don’t have access to a lawyer, we’re not just delaying cases. We’re denying justice.”
A legacy under threat
The Criminal Justice Act was designed to give teeth to the Sixth Amendment’s guarantee of legal counsel. In practice, it has become the backbone of federal criminal defense, covering an estimated 90% of all federal defendants who cannot afford private representation.
With the funding crisis, lawyers who are tapped by district courts to represent criminal indigent defendants are not being paid and will not be until Congress appropriates more money. Lawmakers face a Sept. 30 deadline to pass legislation to keep the government funded.
“It’s not just inconvenient,” said Andy Birrell, president of the National Association of Criminal Defense Lawyers. “It threatens to cripple the ability to provide effective public defense, lead to back-ups, attorney shortages and a denial of due process and fair outcomes at a time when the federal government is, it seems to me, increasing prosecutions. It’s going to create a justice gap that ultimately harms all of us.”
Human toll of Congressional inaction
The lapse, triggered when Congress left Washington in gridlock this summer, has already led to backlogs in federal courts. In Harris County, the public defender’s office reports seeing more spillover from the federal system, straining resources already stretched thin. The people paying the price are our most vulnerable clients.”
Among them are low-income Black and Latino defendants who often face longer pretrial detention when legal representation is delayed. Families describe stalled cases, missed hearings and defendants languishing behind bars.
“It feels like they’ve forgotten my son,” said Ernest Green, whose 22-year-old son has been waiting months for his case to move forward. “If we had money for a private lawyer, maybe this wouldn’t be happening.”
The program that pays these lawyers ran out of money on July 3, and an estimated $116 million is needed from Congress to cover roughly 10 weeks of missed payments, which would be for work that the attorneys have already done. But it’s not just the defense lawyers who are compensated through the program.
Support staff hired to work on a case — such as private investigators, social workers, contract paralegals and forensic psychologists — are also not being paid. That could create a ripple effect that hits not only law firms but also those businesses.
Political tensions in Washington
The funding lapse’s timing is striking. The Trump administration has repeatedly demonstrated its willingness to weaponize federal funding for priorities like immigration enforcement, but it has allowed the CJA program — a cornerstone of due process — to run dry.
Lisa Wayne, executive director of the National Association of Criminal Defense Lawyers, warned that the suspension will make lawyers less willing to take on these cases.
“I’m not sure what they expect these lawyers to do,” Wayne said. “How do you pay for this to continue to keep going? Three months may not sound like a lot of time, but it’s a long time for a pending case.”
Adding to financial challenges, the defenders have an unrelated, scheduled weeks-long payment freeze for system upgrades ahead of the funding expiration.
By the numbers
- 1964 — Year the CJA was signed into law, guaranteeing the right to counsel in federal cases.
- 90% — Share of federal criminal defendants represented by CJA-appointed attorneys.
- 30,000+ — Number of private lawyers nationwide who serve as CJA panel attorneys.
- 12,000+ — Federal public defenders working in offices across the U.S. under CJA funding.
- 65% — Percentage of CJA clients who are Black or Latino, according to U.S. Courts data.
- Thousands — Defendants whose cases have stalled since July 2025 due to the funding lapse.
- $1 billion — Annual cost of the program — less than 0.02% of the federal budget.
