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The case highlights a wider crisis across the federal justice system.
SACRAMENTO, Calif. — A federal defense attorney in Sacramento filed a motion Friday to dismiss a client’s criminal case, arguing the government’s failure to pay court-appointed lawyers since July and during the government shutdown violates the Constitution.
David Fischer said in a court filing, the federal government “cannot maintain the fiction of providing constitutionally adequate counsel while refusing to pay for such representation.” He argued that unpaid attorneys face “an untenable conflict” between their professional duties and financial survival.
The case highlights a wider crisis across the federal justice system. Since July, defense attorneys who represent people unable to afford a lawyer have been working without pay, raising concerns about violations of the Sixth Amendment, which guarantees the right to a fair trial.
“This is not a small issue. It’s not just affecting a few people,” said federal defense attorney Candice Fields. “Ninety percent of federal criminal defendants rely on publicly funded defense.”
The shutdown affects thousands of workers in the justice system, including attorneys, investigators, and interpreters, all essential to ensuring defendants have representation. About 40% of federal cases rely on private attorneys like Fields, many of whom now face mounting financial pressure.
Without paid attorneys, trials could stall, defendants could remain in jail longer, or some cases might be dismissed.
“The case is in big trouble because the attorney is not getting compensated, therefore the attorney cannot represent his client. Therefore, the client’s case is being prejudiced and that is unconstitutional,” Fields said.
So far, Fischer’s motion is the only one of its kind in Sacramento federal court, but attorneys warn it may signal broader disruption if the shutdown continues.
“Without a viable budget, democracy is at risk,” Fields said.
The U.S. Courts said in a statement Tuesday that despite the shutdown, the judiciary will remain open and continue operations through Oct. 17 using court fee balances and other funds not dependent on a new appropriation.
Attorneys say these measures do not address the growing crisis for unpaid counsel or the defendants they represent.
WATCH MORE ON ABC10 | What a government shutdown means for federal workers and families
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