Next to last in the nation: PA finally provides funding for indigent defense

With Gov. Josh Shapiro’s appropriation of $7.5 million, and a promise of $2.5 million more in his next budget, Pennsylvania became the nation’s 49th state to provide funding for indigent defense, a bill once totally financed by the counties.

Only South Dakota does not provide statewide funding for indigent criminal defense. The public defender offices across the Pennsylvania’s 67 counties, after suffering decades of chronic underfunding, have a long wish list to help improve the quality of indigent criminal defense and catch up to the state’s much better funded prosecution side.

“This $7.5M in state funding for indigent defense is historic. Without state funding, we’ve seen huge disparities and deficiencies in available resources for public defense across counties in Pennsylvania,” explained State Senator Vincent Hughes who held a celebratory press conference at Drexel’s Kline School of Law announcing the funding on Wednesday.

The lack of state funding, which Gov. Shapiro called a “shameful distinction” has lead to an uneven quality of public defense across Pennsylvania. According to the state’s 1968 Public Defender Act, public defenders are provided for defendants who have been accused of a criminal act but lack the means to pay for a private attorney. Over half of the state’s criminal defendants are represented by public defenders who are often under-resourced, inadequately trained and overburdened.

“We know counties need to hire more attorneys, investigators and support staff to handle caseloads. We also know many offices need better case management systems. This funding will start to address those needs,” said Hughes, whose legislation was the basis for the language that became part of December’s budget deal, giving public defense sustainable state funding.

Part of the legislation was the creation of the 27-member Indigent Defense Advisory Council (IDAC), under the aegis of the Pennsylvania Commission on Crime and Delinquency (PCCD), which had its first meeting last month.

The group, chaired by Sara Jacobson, executive director of the Public Defender Association of Pennsylvania, will publish quality standards for all public defenders’ offices and those agencies unable to meet them can apply for grant funding.

IDAC funding will supplement not replace county funding.

“And we must keep in mind, this first-time state investment and formation of the Indigent Defense Advisory Committee, is an important step in ensuring Pennsylvania provides justice for all, but it doesn’t come close to meeting the need,” Hughes said. “For our criminal justice system to be truly fair and equal, we need to invest more and make this investment a long-term priority in the Commonwealth.”

Philadelphia started free criminal defense representation 90 years ago, three decades before it was required by the U.S.constitution and now represents about 70% of the people accused of crimes in the city. City Council provides about 90% of the Defender Association’s $62 million operating budget.

“We’re one of the better-funded — albeit still underfunded — public defender offices in Pennsylvania. Without the funding we receive from the city, our office wouldn’t be able to provide our clients with the high-quality legal representation the constitution requires,” said Chief Defender Keisha Hudson.

Even with the infusion of millions into the public defense system, Pennsylvania still ranks 45th in total indigent defense funding, according to the Sixth Amendment Center, with average per capita spending of $9.67 compared to $19.82 nationally.

“For our justice system to work efficiently, we can’t only fund the law enforcement, prosecution and punitive elements. We need to also work to ensure that everyone is given a fair trial with a lawyer who has had the resources to prepare a proper defense,” Hudson said.

“For our justice system to work efficiently, we can’t only fund the law enforcement, prosecution and punitive elements.”

It was over 60 years ago that the U.S. Supreme Court, in its landmark decision, Gideon v. Wainwright, decided that indigent defendants were entitled to an attorney, and its been over a decade that advocates in the state have been pushing for statewide funding.

“It took far too long to get done, but it finally got done,” Hughes said.