By Mary Smith
The American Bar Association is deeply concerned about congressional funding for federal public defenders, a cornerstone of our criminal justice system. The federal courts have requested $1.69 billion in fiscal year 2025 to meet the constitutional requirement of providing public defenders to every criminal defendant who cannot afford a lawyer. Unfortunately, the House of Representatives has proposed only $1.5 billion in funding. Although this represents a 3.4% increase over current funding, it falls short by $190 million of what is needed.
Demands on federal defenders are drastically increasing, driven by new prosecution initiatives by the U.S. Department of Justice, expanded jurisdiction over certain offenses on tribal land and ongoing representation of hundreds charged with offenses related to Jan. 6, 2021. Federal defender offices must be equipped to handle more challenges than ever before. A recent study revealed a staffing shortfall of some 200 positions, demonstrating the urgent need for increased resources.
The U.S. Constitution guarantees the right to free legal counsel for criminal defendants who cannot afford an attorney. This funding, mandated by Congress, is crucial, as defendants in nearly 90% of criminal cases are unable to do so. As the demand for public defenders only continues to grow, it is imperative that Congress provides adequate funding to meet this need and uphold our commitment to constitutional rights.
This necessity is acute in criminal courts, where the stakes include potential loss of liberty. Here, legal counsel is not a luxury—it is essential for protecting every defendant’s legal rights, ensuring fairness in the judicial process and justifying any imposed penalties.
Without this critical funding, marginalized communities, economically disadvantaged individuals, juveniles and defendants with mental health issues—all disproportionately represented in the criminal justice system—will face exacerbated disparities and more severe outcomes. Specialized legal representation is vital to ensure that conditions and circumstances are appropriately considered in court. Adequate public defense is essential not only for individual case fairness but also for preventing cycles of poverty and systemic injustice that perpetuate inequality.
Engraved above the entrance to the U.S. Supreme Court are the words “EQUAL JUSTICE UNDER LAW.” This profound principle asserts that every person in the United States should stand equally before our nation’s courts. However, this ideal can only be realized if every person has skilled legal counsel to navigate our complex justice system.
The American Bar Association urgently calls on both the House and Senate to fully support funding for public defense representation. Ensuring adequate staffing of our nation’s federal public defender offices is crucial to fulfilling the promise of equal justice under law.
(https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/statement-of-aba-president-re-funding-federal-public-defenders/)
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Mary Smith is president of the American Bar Association and is the first Native American woman in this role. She is an independent board member and former CEO of a $6 billion national healthcare organization, the Indian Health Service. She currently serves on the board of PTC Therapeutics, Inc. (NASDAQ: PTCT), a global biopharmaceutical company and on the board of HAI Group, a leading member-owned insurance company for the affordable housing industry. She is also vice chair of the VENG Group, a national consulting firm.
The American Bar Association is deeply concerned about congressional funding for federal public defenders, a cornerstone of our criminal justice system. The federal courts have requested $1.69 billion in fiscal year 2025 to meet the constitutional requirement of providing public defenders to every criminal defendant who cannot afford a lawyer. Unfortunately, the House of Representatives has proposed only $1.5 billion in funding. Although this represents a 3.4% increase over current funding, it falls short by $190 million of what is needed.
Demands on federal defenders are drastically increasing, driven by new prosecution initiatives by the U.S. Department of Justice, expanded jurisdiction over certain offenses on tribal land and ongoing representation of hundreds charged with offenses related to Jan. 6, 2021. Federal defender offices must be equipped to handle more challenges than ever before. A recent study revealed a staffing shortfall of some 200 positions, demonstrating the urgent need for increased resources.
The U.S. Constitution guarantees the right to free legal counsel for criminal defendants who cannot afford an attorney. This funding, mandated by Congress, is crucial, as defendants in nearly 90% of criminal cases are unable to do so. As the demand for public defenders only continues to grow, it is imperative that Congress provides adequate funding to meet this need and uphold our commitment to constitutional rights.
This necessity is acute in criminal courts, where the stakes include potential loss of liberty. Here, legal counsel is not a luxury—it is essential for protecting every defendant’s legal rights, ensuring fairness in the judicial process and justifying any imposed penalties.
Without this critical funding, marginalized communities, economically disadvantaged individuals, juveniles and defendants with mental health issues—all disproportionately represented in the criminal justice system—will face exacerbated disparities and more severe outcomes. Specialized legal representation is vital to ensure that conditions and circumstances are appropriately considered in court. Adequate public defense is essential not only for individual case fairness but also for preventing cycles of poverty and systemic injustice that perpetuate inequality.
Engraved above the entrance to the U.S. Supreme Court are the words “EQUAL JUSTICE UNDER LAW.” This profound principle asserts that every person in the United States should stand equally before our nation’s courts. However, this ideal can only be realized if every person has skilled legal counsel to navigate our complex justice system.
The American Bar Association urgently calls on both the House and Senate to fully support funding for public defense representation. Ensuring adequate staffing of our nation’s federal public defender offices is crucial to fulfilling the promise of equal justice under law.
(https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/statement-of-aba-president-re-funding-federal-public-defenders/)
————————
Mary Smith is president of the American Bar Association and is the first Native American woman in this role. She is an independent board member and former CEO of a $6 billion national healthcare organization, the Indian Health Service. She currently serves on the board of PTC Therapeutics, Inc. (NASDAQ: PTCT), a global biopharmaceutical company and on the board of HAI Group, a leading member-owned insurance company for the affordable housing industry. She is also vice chair of the VENG Group, a national consulting firm.
