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.
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Despite the constitutional right to an attorney and the state Supreme Court’s affirmation of this right, Pennsylvania fails to provide adequate funding or oversight for public defenders. That leaves tens of thousands of Pennsylvanians who can’t afford to pay for a lawyer without effective defense counsel every year.
That's why the ACLU of Pennsylvania has filed a lawsuit against the commonwealth to ensure that public defenders are adequately funded as required by the state and U.S. Constitutions. A full and fairly funded network of public defender offices is the only way to make sure that every Pennsylvanian has a fair chance to navigate the criminal legal system.
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Warren, et al. v. Commonwealth, et al.
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.
