For decades, “you have the right to an attorney” has been the bedrock promise of the American criminal justice system.
In 2025, that promise is colliding with a harsh reality: thousands of criminal defense lawyers—especially those appointed to represent poor defendants—are working for months without pay, fighting both for their clients’ freedom and for the survival of their own practices.
A Constitutional Right, But No Money to Pay the Lawyers
At the heart of the crisis is the
federal Criminal Justice Act (CJA) program, which pays private attorneys appointed to represent indigent defendants when federal public defenders can’t take the case.
According to the U.S. Courts, the program
ran out of money on July 3, 2025, after Congress froze its budget at the prior year’s level despite rising caseloads and costs.
Judge Amy St. Eve, chair of the Judicial Conference’s Budget Committee, warned that the basic right to a lawyer is now
“at risk” because there is no funding to pay these attorneys.
Key facts from the judiciary:
-
Over 90% of federal criminal defendants rely on court‑appointed counsel.
- About
60% are represented by federal defender organizations.
- The remaining
40% depend on private CJA panel lawyers—many now working without pay.
This isn’t just about lawyers’ salaries. The funding shortfall also hits
investigators, interpreters, and expert witnesses, the behind‑the‑scenes professionals who make an adequate defense possible.
“Financial Ruin”: Lawyers Working Months for Free
On the ground, the situation is brutal.
A memo described by the
Los Angeles Times says federal court‑appointed defense lawyers
haven’t been paid since July, leaving some
facing eviction even as they continue defending indigent clients.
A panel in one district has reportedly shrunk from about
85 attorneys to just 15 available, as many can no longer afford to take unpaid cases.
The
Daily Record reports that many court‑appointed lawyers are owed
tens of thousands of dollars, and while they must keep representing current clients, some are
refusing to accept new ones until payments resume.
One Baltimore attorney warned that if the funding crisis continues, he is “really concerned about the stability of the entire program.”
The National Association of Criminal Defense Lawyers (NACDL) has documented similar stories nationwide, linking the problem to:
- Increased prosecutions at the
southern border, straining resources.
- More
death‑penalty‑eligible cases, which are longer, more complex, and more expensive.
- A
15‑month hiring freeze in some federal defender offices, forcing fewer lawyers to handle more cases.
One federal public defender in Maryland described his office as “profoundly harmed” by the budget shortfall and hiring freeze.
His warning is stark:
“Without defense lawyers, cases stop. Courts will stop. Justice will stop.”Prosecutors Say Judges Can Compel Unpaid Work. Defense Bar Calls It “Insulting”
As the crisis deepens, a controversial legal and ethical fight is emerging.
According to the
Los Angeles Times, some federal prosecutors have argued that judges could
order attorneys to keep working even without pay, treating their appointments almost like a compulsory civic duty.
Defense lawyers call that idea
unconstitutional and “deeply insulting” to practitioners already under enormous financial strain.
The core tension:
-
Prosecutors’ argument: The court’s authority to appoint counsel could extend to compelling continued representation during funding gaps.
-
Defense lawyers’ response: Forcing private attorneys to work indefinitely without pay undermines the right to effective assistance of counsel and effectively weaponizes their commitment to their clients.
NACDL has been increasingly vocal in defending the
independence and viability of the defense function, warning that governmental actions that punish or pressure defense lawyers and firms threaten the right to counsel itself.
NACDL Sounds the Alarm on Systemic Threats
The
National Association of Criminal Defense Lawyers, the nation’s leading criminal defense bar, has spent much of 2025 in crisis‑mode.
In a recent report, NACDL detailed the
“wide‑reaching impact” of CJA payment delays on lawyers, clients, and courts, highlighting how suspended payments destabilize small practices and jeopardize defendants’ constitutional rights.
They warn that chronic underfunding could drive experienced attorneys off CJA panels permanently, leaving fewer qualified lawyers to handle serious federal cases.
Beyond the money crunch, NACDL has also:
-
Condemned a DOJ directive encouraging civil denaturalization proceedings against certain defendants—where there is no right to a government‑funded lawyer—calling it a dangerous end‑run around constitutional protections.
-
Opposed executive actions targeting law firms (including Paul Weiss, Perkins Coie, and Covington & Burling) that represent politically disfavored clients, arguing such moves chill zealous advocacy and threaten the right to counsel.
-
Criticized the indictment of former FBI Director James Comey, calling the charges “trumped‑up” and warning against politicized prosecutions.
Taken together, these fights show a defense bar that sees
not just a budget problem, but a broader campaign—intentional or not—that makes it politically and financially riskier to stand between the government and the accused.
Supreme Court Steps In: When Can Courts Gag Defense Lawyers?
Even as defense lawyers battle for funding and independence, a separate front has opened at the
U.S. Supreme Court.
In
Villarreal v. Texas, the Court has agreed to decide whether a trial judge can
bar a criminal defense lawyer from talking to his own client about certain topics during a pending case.
The case centers on a Texas death‑penalty prosecution in which the trial court allegedly restricted the defense attorney’s communications with his client, raising serious Sixth Amendment concerns.
The justices are expected to consider:
- How far a judge’s power goes in
controlling attorney‑client communications during trial.
- Whether such restrictions violate the defendant’s right to the
effective assistance of counsel.
- What standards should apply when courts impose any limits on defense lawyers’ speech to their clients.
In a year where defense lawyers are already warning that
funding shortfalls are eroding the right to counsel, the Supreme Court’s willingness to weigh in on the scope of that right adds another high‑stakes layer to the story.
Amid Crisis, the Profession Still Celebrates Its Standouts
Despite the turbulence, the criminal defense world hasn’t stopped recognizing its best and brightest.
-
Columbus CEO magazine’s
Top Criminal Defense Lawyers for 2025 list highlights attorneys like
Brad Koffel and Will Nesbitt among the most respected in Central Ohio, chosen by peer recommendation and credential vetting.
-
Attorney at Law Magazine released a
2025 Criminal Defense special issue celebrating criminal law practitioners nationwide and profiling lawyers who’ve made notable impacts in their jurisdictions.
- NACDL honored prominent trial lawyer
David Rudolf—known for high‑profile criminal and civil rights cases—with its
Champion of Justice Award in 2025.
- The group also recognized
Rachel Holmes of the Georgia Justice Project with its
Champion of State Criminal Justice Reform Award, and Oklahoma City attorney
Charles “Tim” Laughlin with its
Champion of Public Defense Award.
These honors underscore a key paradox of 2025: while the
system that pays many defense lawyers is faltering, the demand for, and respect for, skilled criminal defense advocacy has rarely been higher.
What This Means for Defendants—and for Anyone Who Cares About Fair Trials
The stakes of this crisis go far beyond lawyers’ bank accounts.
Here’s what’s on the line if the funding and structural problems are not fixed:
-
Longer pretrial detention: If fewer lawyers are available, defendants may sit in jail longer waiting for counsel or for their cases to move, potentially violating speedy‑trial rights.
-
Weaker defenses: When attorneys are overworked, underpaid, or forced out of the system, defendants may receive less thorough investigations, fewer expert witnesses, and less time with counsel.
-
Delayed or collapsed cases: Courts may have to postpone trials—or even dismiss charges—if there are not enough qualified lawyers or if Speedy Trial Act deadlines are blown.
-
Erosion of public trust: When the poor cannot realistically get meaningful representation, confidence in the fairness of the criminal justice system erodes.
As one federal defender bluntly put it:
without defense lawyers, courts and justice itself grind to a halt.
What to Watch Next
Over the coming months, several developments will shape the future of criminal defense in the U.S.:
-
Congressional action (or inaction): Will lawmakers boost CJA funding and stabilize the federal defender system, or allow rolling crises to become the new normal?
-
Lawyer flight from CJA panels: If payment delays
Sources
1. Brad Koffel & Will Nesbitt Top Criminal Defense Lawyers For 2025
2. NACDL - 2025 News Release Archive
3. Court-appointed criminal defense lawyers have gone months ...
4. Funding Crisis Leaves Defense Lawyers Working Without Pay
5. Federal defense lawyers 'face financial ruin' after months without ...
6. Supreme Court to consider when lawyers can be barred from ...
7. NACDL - The Champion®
8. 2025 Criminal Defense Special Issue - Attorney at Law Magazine
