The Pennsylvania Capitol stands in Harrisburg, Pa.
HARRISBURG, Pa. – The ACLU scored a significant legal victory Monday when a Pennsylvania court ruled that the indigent criminal defendants it represents can sue to force the state to pump more money into counties’ public-defender programs.
The Commonwealth Court advanced the cause taken up by the ACLU of Pennsylvania, which argues the state should be spending amounts on public defenders as similar-sized states like Michigan. The decision comes more than a decade after the state Supreme Court said public defender clients can sue counties over funding.
The ACLU filed suit in July 2024 against state officials like Gov. Josh Shapiro and on Monday overruled most of their preliminary objections to the case, though one dissenting judge warned that budget issues such as this should be decided by lawmakers and not judges.
Still, Judge Lori Dumas wrote that the plaintiffs have successfully alleged they were deprived of their constitutional right to effective counsel. The ACLU says it will take hundreds of millions of dollars to bring Pennsylvania in line with other states, though Shapiro and lawmakers raised several defenses, including that the plaintiffs have not been harmed yet.
“Petitioners allege a present, ongoing deprivation,” Dumas wrote. “They allege that all but three of Pennsylvania’s counties have indigent defense offices too understaffed and attorneys too overworked to furnish effective representation.
“They further allege financial disparities among counties, noting that Fayette County has a limited budget to train its public defenders and pay for experts. Petitioners allege that these systemic deprivations have already injured the individual Petitioners in their pending prosecutions. So, their harm is present and ongoing; it is not an injury that has yet to happen.”
Shapiro also said the case presents a “classic political question” to be decided by those in the state who prepare its budget. But since it is alleged that the legislature has infringed individual liberties, the court decided it can take the case.
Pennsylvania historically had counties relying on local funds for public-defender programs but in 2023 started offering $7.5 million yearly in grants to help counties. Judge Christine Fizzano Cannon in a dissenting opinion joined by Judge Anne Covey said the case involves “a sweeping and fundamental challenge” to this system.
“Petitioners’ claims are not justiciable, and permitting such claims creates a blank check for the judiciary to force state level legislative appropriations and executive branch acquiescence in similar systems across the state,” she added.
The ACLU says the state is spending just 1.25% of what is needed, causing public defenders to become overwhelmed by caseloads and unable to devote time and attention to each client. An annual investment of $600 million each year to meet ever county’s needs.
