Durbin, Welch, Senate Judiciary Democrats Urge Action by Federal Judiciary to Avoid Continued Funding Shortfall for Federal Public Defenders

Letter

Dear Judge St. Eve, Judge Seibel, and Acting Director Bennett:

We urge you to give appropriate consideration to the funding of Defender Services, which funds
the Federal Public Defender program, in the Administrative Office of the U.S. Courts’ budget
request for Fiscal Year (FY) 2025.

During the budget cycle for FY24, Federal Defenders face a budget shortfall due to inadequate
consideration of their previous carryforward. News reporting suggests the funding shortfall from
FY24 originated in the Administrative Office’s accounting decisions. We believe those decisions
gave inadequate weight to the foundational and fundamental services the Federal Public
Defender program provides.

The FY24 funding gap has placed the Federal Defender program in dire financial straits, with
estimates that this shortfall could, conservatively, result in a 9-12% reduction in the program’s
current workforce. Notably, the Federal Defenders are already approximately 100 full-time
equivalent (FTE) positions below FY23 authorized staffing and approximately 400 FTEs below
the level recommended by the Administrative Office’s most recent work management study. An
overwhelming majority of the Federal Defender budget is dedicated to personnel and space, and
any cuts will have devastating impacts.

Federal Public and Community Defenders are fundamental to the fair and efficient functioning of
federal courts across the country. Nearly nine in 10 individuals charged with a federal crime
cannot afford legal representation and thus are constitutionally entitled to appointed counsel.
Preserving the public defender workforce is essential to our justice system. Because the
Constitution requires courts to appoint counsel for individuals who cannot afford a lawyer, if
there are fewer public defenders available, courts must refer more cases to private attorneys on
the Criminal Justice Act panel. Although panel attorneys are dedicated to the public defense
function, sending excess cases to the panel often incurs higher costs to the taxpayer.

We write to you to request the Administrative Office of the U.S. Courts and the Judicial
Conference ensure that the decisions that led to the FY24 budget requests are not repeated
for FY25. We urge you to give appropriate weight to funding for Defender Services in your
budgetary request that will, at a bare minimum, provide enough resources to ensure federal
public defender programs are fully staffed throughout FY25.

We appreciate your attention to this matter and look forward to working together to safeguard
the Federal Defenders’ resources.

Sincerely,

Source