Impact of US Government Shutdown: Legal Representation in Crisis

Sat Nov 15 2025 21:41:47 GMT+0200 (Eastern European Standard Time)

The fallout from the longest government shutdown in US history continues to affect federally funded defense lawyers and their clients, with many unable to work due to unpaid wages.

Following the recent end of the longest government shutdown in US history, thousands of court-appointed defense attorneys and their support staff are facing a financial crisis. With funding running out for the Defender Services program, many have been left without pay since June. This situation has severely hampered the ability to take on new cases, resulting in a backlog and a delay in justice for many defendants, who are entitled to legal representation under the Constitution. Advocates warn that without further funding, the crisis is set to worsen, potentially undermining the rights of those awaiting trial.

LOS ANGELES (CIVITAS) — The recent end to the longest government shutdown in US history has unleashed ongoing challenges for defenders of the law. Primarily, federally funded defense attorneys are grappling with a stark reality — they have not received pay since the program's funding ran dry in July.

Thousands of Criminal Justice Act (CJA) panel attorneys, along with their essential support staff including paralegals and investigators, are feeling the heat from the budget shortfall of $130 million that cut funding for the Defender Services program. This left many unable to take on new clients or proceed with current cases effectively.

Across the nation, CJA lawyers are responsible for nearly 40% of cases where defendants cannot afford legal representation. As processes stall, defendants' lives remain in limbo, even as the federal government continues with arrests and charges.

“The system's about to break,” said Michael Chernis, a CJA panel attorney in California. Many attorneys have had to turn to personal loans just to maintain payroll in their firms, while some even sought gig work just to stay afloat.

Unpaid attorneys anticipate receiving retroactive payments as soon as next week thanks to a resolution from Congress that allocated an additional $114 million. However, the long-term outlook remains bleak. The 2026 fiscal year's funding bill still shows a shortfall of $196 million, risking another depletion of resources by June.

Cases Ground to a Halt

Many cases in federal courts, particularly in California's complex Central District, are stalled. Chief Judge Dolly Gee has communicated the dire state of affairs, warning that without additional funding, there may not be enough attorneys available to represent defendants - a critical constitutionally guaranteed right.

As the impact of inadequate funding ripples through the justice system, plaintiffs are caught in a predicament, with many facing unwarranted delays in their legal proceedings.

Overall, the struggle for funding reveals the fragility of the federal defense system and the serious implications for the rights of defendants who depend on legal support to navigate the judicial complexities.