North Dakota attorneys and judicial officials say a lack of funding for a key federal program could harm federal defendants’ ability to get quality representation.
The U.S. Constitution protects criminal defendants’ right to an attorney. When federal defendants can’t afford a lawyer, they are typically assigned a federal public defender. About 40% of the time, however, federal defenders must pass the case to a private lawyer due to a conflict of interest, according to the judicial branch.
But the federal judiciary says that as of July 3, it has no more money to pay outside attorneys for these services. The judicial branch has asked Congress for roughly $116 million to sustain the program until the fiscal year turns over on Oct. 1.
The federal courts draw from panels of approved private defense attorneys when federal public defenders cannot take a case. North Dakota’s pool of private attorneys usually averages around 100 people, said Jason Tupman, the federal public defender for North Dakota and South Dakota.
However, membership with the panels is voluntary, and about 10 attorneys have resigned from North Dakota’s since the judicial branch learned of the impending budget shortfall this spring, he said.
“The vast majority of our panel are either very small lawyers and oftentimes solo practitioners,” Tupman said. “Anytime you’re saying, ‘Hey, you’re not going to get a paycheck for three months for money we owe you,’ that’s going to have an impact on them.”
The U.S. District Court for North Dakota as of Tuesday had $110,000 in pending payments to panel lawyers, according to Clerk of Court Kari Knudson. The lack of federal funding also means that any expert witnesses or court reporters the attorneys hire also won’t get paid, she said.
Some of the defense attorneys who have withdrawn are among the most experienced in the state, said Mark Friese, who serves as the liaison between North Dakota’s panel and the federal judiciary.
“Some of them that have elected not to renew are really, really good lawyers,” he said.
Tupman and Friese last week sent a letter to North Dakota’s congressional delegation calling attention to the budget gap.
“Without reliable funding, attorneys will continue to withdraw, decline appointments or delay critical work,” they said in the letter. “Trials will be postponed, and the effectiveness of our federal courts will be significantly compromised.”
You can read the full article at the Daily Montanan.