Federal Public Defender Program
Floor Speech
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Ms. BONAMICI. Mr. Speaker, I rise today to raise serious concerns about the ongoing underfunding of our Federal public defender program.
Nearly 90 percent of defendants in Federal court cannot afford their own attorney. Defendants have a constitutional right to an attorney in criminal cases. Without Federal defenders, the justice system can't function, and defendants are not able to get a speedy trial.
Any loss of Federal public defenders increases court delays and costs, sometimes significantly, because of reliance on private panel attorneys, who are usually more costly and often have less experience.
This is a particularly precarious moment for the Federal defender program. In fiscal year 2024, an inadvertent budgeting error resulted in initial funding levels that were more than $100 million less than what the program needed across the country.
In response, the program implemented a series of cost-saving measures, including a hard hiring freeze, suspension of training opportunities, and deferral of cybersecurity upgrades.
Insufficient funding for the Federal public defender program affects not only the rights of indigent individuals charged with Federal crimes, but also the overall operation of the Federal criminal justice system. When the Federal public defense system is underfunded, it creates delays in processing criminal cases, backlogs in U.S. Attorney's Offices, and an increase in appeals.
Additionally, we are seeing more complex cases that require increased forensic evaluation. These cases are not given the attention they deserve in an underresourced public defense system. A strong Federal public defense system, which is something that has historically been bipartisan here in the Capitol, enhances the confidence of everyone who has an interest in an efficient, reliable, and fair Federal justice system, including crime victims and the public at large.
Congress must adequately compensate Federal public defenders for the unintended consequences of the fiscal year 2024 cost-saving measures. We must restore training and cybersecurity infrastructure investments, and we must address the cost pressures for personnel in those offices and other essentials. This is important for our criminal justice system and for fairness. Let's get it done.
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