Warren, et al. v. Commonwealth, et al.

  • Filed: June 13, 2024
  • Status: Filed
  • Court: Commonwealth Court of Pennsylvania
  • Latest Update: Jun 12, 2024
Judge gavel

On June 13, 2024, the ACLU-PA filed a lawsuit against Governor Josh Shapiro and the leadership of the state General Assembly challenging the inadequate representation provided to indigent criminal defendants in Pennsylvania courts.

As a result of decades of inadequate funding and oversight of its public defense system, indigent Pennsylvanians are at risk of being denied their constitutional right to effective assistance of counsel in their criminal cases.

The lawsuit was brought by 17 indigent Pennsylvanians facing criminal prosecution without effective assistance of counsel at each stage of their criminal proceedings. They brought the lawsuit on behalf of a class of all indigent Pennsylvanians at similar risk of harm due to the Commonwealth’s systemic failure to fund and supervise indigent defense services.

The lawsuit asks a Pennsylvania court to rule that the current state of public defense services in Pennsylvania violates the constitution, so that the governor and the General Assembly will protect our constitutional rights by adequately funding public defense in Pennsylvania.

Attorney(s):
Witold J. Walczak, Veronica Miller, Ari Shapell, Stephen Loney, and Solomon Furious Worlds of ACLU of PA
Pro Bono Firm:
John Grogan, Mary Catherine Roper, David Nagdeman of Langer Grogan & Diver PC; David Rudovsky and Susan Lin of Kairys, Rudovsky, Messing, Feinberg, and Lin; Suzanne Turner, Vernon Francis, Friedrich Wilhelm Sachse, and Anthony Leyh of Dechert LLP

What Pennsylvania’s failure to fund public defenders means across the commonwealth

This is a small snapshot of evidence in our lawsuit against the state over its failure to fund public defenders. As it stands, the commonwealth, excluding the Defender Association of Philadelphia, is tied with Mississippi for dead last in per capita funding of public defenders.

By Veronica Miller, Ari Shapell

statue of lady justice and her scales

What Pennsylvania’s failure to fund public defenders means across the commonwealth

En un condado, un abogado quien tenía un año de haber salido de la facultad de derecho fue nombrado como el jefe de los defensores públicos.

By Veronica Miller, Ari Shapell

statue of lady justice and her scales

Related News & Podcasts

News & Commentary
Sep 19, 2024
statue of lady justice and her scales
  • Indigent Defense Reform|
  • +2 Issues

What Pennsylvania’s failure to fund public defenders means across the commonwealth

This is a small snapshot of evidence in our lawsuit against the state over its failure to fund public defenders. As it stands, the commonwealth, excluding the Defender Association of Philadelphia, is tied with Mississippi for dead last in per capita funding of public defenders.
News & Commentary
Sep 19, 2024
statue of lady justice and her scales
  • Indigent Defense Reform|
  • +2 Issues

What Pennsylvania’s failure to fund public defenders means across the commonwealth

En un condado, un abogado quien tenía un año de haber salido de la facultad de derecho fue nombrado como el jefe de los defensores públicos.

Related Content

Legislation
Sep 17, 2022
ACLU-PA Bill Page SB 1317
  • Criminal Legal Reform

SB 1317 | Establishing a statewide Indigent Defense Advisory Committee

Position: Support
Legislation
May 22, 2023
ACLU-PA Bill Page HB 1085
  • Criminal Legal Reform

HB 1085 | Establishing an Indigent Defense Advisory Committee and grant fund

Status: Enacted
Position: Support
Resource
Placeholder image
  • Indigent Defense Reform|
  • +1 Issue

Frequently Asked Questions About ACLU-PA's Indigent Defense Lawsuit

Despite the constitutional right to an attorney and the state Supreme Court’s affirmation of this right, Pennsylvania fails to provide adequate funding for its public defense system.
Campaign
May 2026
Indigent Defense Reform

Fund PA Public Defense

Despite the constitutional right to an attorney, Pennsylvania’s failure to fund its public defense leaves tens of thousands of indigent Pennsylvanians without effective defense counsel every year.