In the wake of the severe cuts to the provision of indigent defense services during sequestration in 2013, the National Association of Criminal Defense Lawyers (NACDL) created a Federal Indigent Defense Task Force to examine the federal indigent defense system. The mission included an assessment of the level of independence afforded to the Office of Defender Services and consideration of whether reforms are necessary to ensure adherence to the ABA’s Ten Principles of a Public Defense Delivery System. [Released September 2015]

I write to you … on behalf of NACDL and the undersigned [leaders] of 26 affiliate associations from 25 states and the Commonwealth of Puerto Rico. Our members include thousands of attorneys who … believe that access to qualified and properly-resourced counsel is essential to safeguard the rights of the indigent accused. We write to convey our profound concern about the impact of funding cuts on federal indigent defense services, specifically their impact on the thousands of accused persons who depend upon appointed counsel to secure their Sixth Amendment rights.

Brief of Amici Curiae National Association of Criminal Defense Lawyers and New Mexico Criminal Defense Lawyers Association in Support of Petition of State Ex Rel. Baur for Writ of Superintending Control.

Argument: The excessive caseloads imposed on public defenders in Lea County raise problems of constitutional proportions. Because of the essential part that lawyers play in the fair administration of justice, the right to counsel attaches as soon as criminal proceedings are initiated and applies at any subsequence “critical stage” of the proceedings. The Sixth Amendment may be violated not only where counsel is entirely absent as such a critical stage, but also where counsel is appointed under circumstances that make it impossible for counsel to provide true effective assistance. Thus, excessive workloads may have the direct effect of depriving indigent criminal defendants of their rights under the U.S. Constitution. New Mexico is by no means the only state facing such a crisis in its treatment of indigent criminal defendants. New Mexico is not the only state facing such a crisis and other states have taken up claims similar to those raised by Petitioner here. Lack of funding for public defense and overwhelming caseloads have converged to create a constitutional crisis in which the citizens of New Mexico often receive the right to counsel in name only. This Court has the ability to impose administrative remedies that may help to address the problems outlined in the petition.

The undersigned organizations are deeply concerned about the devastating impact of sequestration on the federal indigent defense system. Our federal criminal justice system cannot be sustained unless all components – prosecution, judiciary and defense – receive adequate and stable funding. … To avert the crisis, Congress must restore funding to the Defenders Services account.

Comments to the Department of Justice Office of Justice Programs regarding proposed regulations in capital cases to address competent and well-funded counsel, post-conviction review, wrongful conviction, and racial disparity issues.

Member Loren Weiss's testimony to the Senate Judiciary Subcommittee on Administrative Oversight and the Courts regarding sufficient funding and availability of federal defender offices and CJA attorneys, pursuant to proposals outlined in the Federal Courts Improvement Act of 1995 (S. 1101).

Coalition letter to the House Judiciary Committee regarding the need for more funding for public defense services, made even more critical by the COVID-19 pandemic.

President Gerry Morris's letter to the House Appropriations Subcommittee on Financial Services and General Government regarding ensuring adequate funding and support needed for federal defender services to ensure adequate representation for those who cannot afford it.

Member Richard Kammen's written statement to the House Appropriations Committee regarding adequate funding and training for defender services to ensure adequate representation for those who cannot afford it.

Native American Justice Committee chair Tova Indritz's letter to members of the Senate regarding The Tribal Law and Order Act of 2008 (S. 3320).

NACDL President Judy Clarke's testimony to the Senate Appropriations Subcommittee on Commerce, Justice, State, and the Judiciary regarding adequate funding for defense services and training at every level to ensure adequate representation for those who cannot afford it.

NACDL President Gerald B. Lefcourt's written statement to the House Appropriations Subcommittee on Department of Commerce, Justice and State, and the Judiciary regarding adequate funding for defense services at every level and other measures to prevent prosecutorial abuse, all addressed in the Citizens Protection Act of 1998 (H.R. 3396).

President John Wesley Hall's statement to the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security regarding public defense representation in criminal cases in Michigan and elsewhere.

NACDL Board member Barry Pollack's written statement to the House Judiciary Committee regarding federal criminal fraud laws.

NACDL President Irwin Schwartz's written statement to the Senate Judiciary Committee regarding abolishing the death penalty and crucial steps to take to avoid the risk of executing the innocent.