A federal defense funding shortfall worsened by the shutdown has left Sacramento CJA lawyers unpaid for months, delaying cases and limiting resources for defendants.

SACRAMENTO, Calif — A federal funding shortfall that began over the summer has left court-appointed private defense attorneys unpaid for months, slowing federal criminal cases in Sacramento. 

These lawyers, known as Criminal Justice Act panel attorneys, represent people who cannot afford a lawyer when the public defender’s office cannot take the case. Funding for their work ran out in July, and the federal shutdown then delayed payments even longer.

Local cases are already being disrupted. Just hours before the shutdown ended, a federal judge in Sacramento dismissed a meth distribution case, saying the court could not appoint a paid attorney. Another Sacramento defendant is stuck because his Los Angeles-based lawyer cannot afford to travel to meet him or bring in experts who will not work without pay.

“I think it does affect the ability of the defendants, obviously, to have a speedy trial,” Mary-Beth Moylan, a McGeorge School of Law professor, said. “To force defendants into a choice of moving forward with someone who’s not prepared, that’s not ideal.”

Nationally, these court-appointed attorneys handle about 40% of federal criminal cases. But Sacramento panel attorney David Fischer said they were asked to continue working after funding ran out in July.


“On July 3, we were told, just continue to work and then we will pay you once there’s a new budget starting Oct. 1,” Fischer said. “And then Oct. 1 came and we had the shutdown.”

Fischer said the backpay he expected still hasn’t arrived. “It’s been a lot of suffering, and still, as of today, we have not gotten money yet,” he said Tuesday.

Without pay, Sacramento defense teams cannot travel, hire investigators, or bring in experts unless they pay out of pocket. 

“Imagine being told you really don’t matter that much because you can just go ahead and work for free,” Lisa Wayne of the National Association of Criminal Defense Lawyers said.

Fischer added that months without pay for court-appointed defense lawyers — while federal prosecutors remained funded — have left the system lopsided.

“It’s infuriating. It’s outrageous. I never would have thought that I would be arguing over something that is so basic,” he said. “When you have a system, you have to arm both sides. It’s just unfathomable to me that they’ve completely funded one side and defunded the other side.”

They warn that the funding gap is not over. Next year’s federal defender budget is nearly $200 million short, which could cause money for these attorneys to run out again by June.

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