Last week, Congresswoman Veronica Escobar (TX-16) joined nearly 50 lawmakers in urging the Senate and House Appropriations Committees to increase funding for the Federal Defender Services program in the Fiscal Year 2026 (FY26) Financial Services and General Government Appropriations bill. The request seeks to exceed the funding level proposed by Republicans.
The group, led by Senator Peter Welch (D-VT) and Representative Suzanne Bonamici (OR-1), sent a letter asking committee leaders to allocate $1.76 billion for the program, matching the amount requested by the Administrative Office of the U.S. Courts. This funding is intended to maintain constitutional requirements for federal public defense.
In their letter, lawmakers wrote: “Thank you for your ongoing attention and work to restore the Federal Defender Services. We respectfully request that Congress fully fund the Federal Defender Services program at $1.76 billion requested by the Administrative Office of the U.S. Courts for Fiscal Year (FY) 2026.”
They highlighted that Federal Defender Services play an essential role in ensuring access to counsel for those who cannot afford it, as required by the Sixth Amendment and provided under the Criminal Justice Act. The letter also noted that increased federal prosecutions make adequate legal representation more important.
Lawmakers explained that a miscalculation in FY24 left initial funding more than $100 million short of what was needed, forcing cost-saving measures such as hiring freezes and suspended training opportunities. In FY25, funding remained at these lower levels, resulting in further shortfalls.
“As a result of two years of underfunding because of a calculation error, Defender Services began FY26 significantly in the red,” they wrote. “The current funding level, based on the recent anomaly, is still $194 million short of what is required to fund the program.”
The letter acknowledged steps taken so far: “We are very appreciative of your inclusion of a $1.564 billion anomaly for Federal and Community Defenders in the Continuing Resolution.” However, it stressed that full funding is necessary: “Full funding for the program…requires $1.76 billion.”
Federal defender organizations have entered their third year with a hard hiring freeze, leading to staffing shortages below approved levels. If there are not enough federal defenders available, courts may need to appoint private attorneys from panels—often at higher costs—and many panel attorneys have faced delayed payments.
“In FY25, money to pay CJA panel attorneys…ran out beginning in July 2025 and did not restart until…November,” lawmakers stated. They described how this resulted in financial hardship for small business owners who serve as panel attorneys: “Some attorneys had to take out loans…or deplete their retirement funds.” Delays caused experienced lawyers to leave or reduce their caseloads and led some cases to be postponed or dismissed.
The lawmakers argued that continued underfunding would further delay prosecutions and court proceedings nationwide: “The inevitable cascading consequences of underfunding public defense will delay prosecutions, create backlogs…compromise convictions and sentences, and deny witnesses and victims their day in court.”
They concluded: “We respectfully urge you to fully fund the Federal Defender Services program at $1.76 billion…Thank you for your attention to this matter.”
Congresswoman Escobar has consistently won her seat since first being elected in 2018 against Rick Seeberger with over two-thirds support; she later defeated Irene Armendariz-Jackson in subsequent elections—including winning approximately 59% of votes during her most recent campaign.
