HARRISBURG – At a state capitol press conference today in Harrisburg, the American Civil Liberties Union of Pennsylvania demanded more funding for indigent defense, saying that the commonwealth is failing its constitutional obligation to provide representation for people who cannot afford a criminal lawyer.
Despite the constitutional right to an attorney, Pennsylvania is close to dead last among the states in providing funding and oversight for public defenders. That leaves tens of thousands of Pennsylvanians who can’t afford to pay for a lawyer without effective defense counsel every year.
“Public defense is more than just a constitutional right, it is the gateway to every other meaningful reform in our criminal legal system,” said Veronica Miller, senior policy counsel for criminal legal reform at the ACLU of Pennsylvania. “We can change laws, shift policies, and establish new rights, but if people don’t have a well-resourced attorney fighting for them, those reforms often exist only on paper.
“It is public defenders who challenge illegal searches, ensure bail reform is enforced, and hold the system accountable when it fails. Without them, the promise of justice remains just that, a promise, not a reality.”
In 2024, the ACLU of Pennsylvania filed a lawsuit against the state legislature and the governor’s office over the lack of adequate funding for public defenders. Despite the establishment of the Indigent Defense Advisory Committee by the legislature and some minimal funding for defenders in the governor’s budget, Pennsylvania still falls far short of giving public defenders the resources they need to be successful.
“I am here today to call on the state legislature to recognize that the responsibility of providing effective legal defense cannot rest on counties alone; the state must step up,” said Christine Lora, chief defender of Montgomery County. “I have seen what happens when there isn’t enough time to prepare a case, when there aren’t enough investigators to uncover the truth, when there aren’t enough social workers to help clients rebuild their lives, and I refuse to accept that we cannot do better.
“The reality here is that public defenders cannot afford to wait. Our clients can't afford to wait. Our communities and this commonwealth can't afford to wait. I stand here today and call on our lawmakers to give us the resources we need to do the job the Constitution requires us to do. Not tomorrow. Not in the next budget cycle. The time is now.”
“Public defenders need sustained and sustainable funding, not a one-off solution,” said Mary Klatt, chief public defender of Dauphin County. “In my office, modest pay increases stopped the mass exodus of attorneys who were about to leave the crushing caseloads of indigent defense. But when adequate compensation runs out, the staffing crisis will begin again.
“State funding can change the culture of public defense by ensuring offices retain experienced attorneys who can deliver the type of representation that can reduce incarceration and recidivism. However, a one-time state grant falls woefully short of what is needed to implement lasting change.”
You can watch a livestream of the press conference here.
