Fallout from Shutdown: Federal Defense Lawyers Still Suffering

Sat Nov 15 2025 21:43:44 GMT+0200 (Eastern European Standard Time)

The end of the longest U.S. government shutdown brings little relief to federal defense lawyers and their clients, with many still facing financial struggles and extensive delays in the judicial system.

Although the U.S. government shutdown has ended, defense lawyers funded by the Criminal Justice Act are still grappling with financial issues and case delays due to a funding shortfall. Thousands of court-appointed attorneys have faced financial difficulties since June, which has impacted their ability to represent clients effectively as cases pause and dismissals increase. The crisis is expected to continue into 2026, raising concerns about defendants’ constitutional rights and the overall functioning of the judicial system.

The longest U.S. government shutdown in history is officially over, but the fallout will continue to hit two groups particularly hard for months to come: federally funded defense lawyers and the people they represent.

Thousands of court-appointed lawyers, known as Criminal Justice Act (CJA) panel attorneys, along with paralegals, investigators, expert witnesses, and interpreters, have not been paid since June after federal funding for the Defender Services program fell $130 million short of what the judiciary requested. As a result, the funds ran out by July 3. Many were assured they would receive deferred payments once Congress passed a new budget, but as the shutdown prolonged, progress on trials stagnated and new client intake halted.

Nationwide, CJA lawyers handle about 40% of cases for defendants unable to afford an attorney. With the shutdown hindering progress, defendants’ lives were put on hold as they awaited their turns in court, all while federal arrests and charges continued unabated.

The system’s about to break, Michael Chernis, a CJA panel attorney from Southern California, stated during the shutdown. With new case intake halting since August, he resorted to taking out loans to ensure payroll for his law firm.

Many defense team members across various states resorted to personal retirement savings or gig work, such as driving for Uber, to support their families during this crisis.

Panel attorneys are set to begin receiving payments soon, with a recent resolution by Congress providing an extra $114 million for the Defender Services program to address the backlog of payments. However, looming issues remain as the spending bill for the 2026 fiscal year is still $196 million short, raising the risk of another funding shortfall by June.

Consequences for the Judicial System

The funding shortfall has caused severe disruption in multiple jurisdictions, notably in California's Central District, where about 80 of roughly 100 employed lawyers have ceased taking new cases.

Chernis highlighted that his client in Sacramento cannot be reached because neither he nor appointed investigators can afford the travel cost, leaving the case stuck in limbo.

In New Mexico, a judge notably halted a death penalty case due to the dysfunctional funding structure, leading to over 40 lawyers opting not to accept new cases until the funding issue is decisively addressed.

Constitutional Rights at Stake

The right to legal counsel and a prompt trial, protected under the Fifth and Sixth Amendments, remains under threat due to the ongoing funding turmoil. Critics argue that this issue compromises due process rights, stirring discussions surrounding the implications for the legal system as a whole. These advocates stress urgent solutions to prevent ongoing disruptions.

Notably, Judge John A. Mendez in California dismissed a criminal case against a man charged with distributing methamphetamine, emphasizing that access to effective counsel is foundational for the integrity of the justice system.

Continued Struggles Amid Uncertainty

The turmoil continues to affect overworked attorneys, pushing some to extreme measures. As cases accumulate, defendants face delays impacting their lives, with ongoing struggles to ensure just representation looming as a critical issue over the future of the judicial system.

Ultimately, while the government may have reopened, the effects of the shutdown on legal representation and defendants remain unresolved, setting a precarious stage for the months ahead.