Federal public defenders have gone without pay since July

Source: The Hill

11/15/25 2:46 PM ET


Federal public defenders have been working without pay since July, when funding for the program ran out.

That has left those representing federal defendants who don’t have resources to hire their own attorneys working without a paycheck and facing financial hardship. One estimate shows that defenders working across the country are owed $150 million in pay.

Criminal lawyer David Fischer told NewsNation, The Hill’s sister network, that federal funding for the last fiscal year ran out in July, and it is depriving clients of the right to counsel. “We are having trouble hiring experts and investigators and doing the necessary work to defend them,” he said.

Prosecutors say judges could force defenders to work without pay, though public defenders say that is unconstitutional, even as the number of available attorneys has dropped significantly. Fischer said Congress has failed to adequately fund the program, depriving people of their constitutional rights. In some cases, defense attorneys have asked for cases to be stayed or dismissed.

Read more: https://thehill.com/regulation/court-battles/5606695-federal-public-defenders-missing-paychecks/