Welch Introduces Bipartisan, Bicameral Bill to Address Structural Concerns within the Federal Public Defense System

WASHINGTON, D.C. - This week, U.S. Senator Peter Welch (D-Vt.), the Senate's only former federal public defender, joined U.S. Representatives Suzanne Bonamici (D-OR-01) and Kelly Armstrong (R-ND-At Large) in introducing the Federal Public Defense Commission Act of 2024, bicameral legislation that would establish a new Federal Public Defense Commission to address current structural concerns within the federal public defense system. The Federal Public Defense Commission would function independently from the Administrative Office of U.S. Courts and oversee federal public defense programs, including the federal defender system and private appointed counsel. This new commission would streamline funding, organization, and leadership of the federal public defender system.

Last year, structural issues within this system almost resulted in a nearly 10% workforce cutfor federal public defenders before Congress stepped in to address the cuts. Judicial Conference committees have twice concluded that the federal public defense system needs increased independence in order to properly implement the right to counsel as guaranteed by the U.S. Constitution.

"As a former public defender, I know just how essential this workforce is to our judicial system and our nation's democratic values. But structural flaws within the federal public defender system threaten the right to receive fair and equal treatment under the Constitution," said Senator Welch. "Our bicameral, bipartisan bill will safeguard our public defender workforce to ensure that everyone who walks into a courtroom-whether you're rich or poor-gets the same quality of legal representation."

"Federal public defenders play an essential role in our criminal justice system, fulfilling the constitutional right to representation for indigent defendants," said Representative Bonamici. "It is past time to create a Federal Public Defense Commission that will provide high-quality criminal defense services to qualified persons across the country, and establish standards, staffing levels, and procedures for compensation of panel attorneys. I'm grateful to partner with Representative Armstrong and Senator Welch in this bipartisan effort."

The Federal Public Defense Commission Actwould:

• Allow federal public defenders to advocate for their own budgetary, staffing, and physical infrastructure needs directly to Congress without worrying about impacts on or inherent conflicts with the federal Judiciary budget.
• Grant federal public defenders the ability to control their own policies instead of following those set by the Administrative Office of the U.S. Courts.
• Address structural conflicts by ending the practice of federal judges selecting the heads of federal public defender offices.
• Create an improved and streamlined system for private appointed attorneys to receive compensation for their work directly through a federal public defense entity.
• Place an ex-officio federal public defender representative on the U.S. Sentencing Commission, which already has an ex-officio member from the Attorney General's Office, but no equivalent representative for criminal defendants.

The Federal Public Defense Commission Act of 2024 is endorsed by the Due Process Institute, National Association of Criminal Defense Lawyers (NACDL) and the National Association for Public Defense (NAPD).

"The National Association of Criminal Defense Lawyers (NACDL) strongly supports the Federal Public Defense Commission Act of 2024. Defense independence is a cornerstone of a fair and effective criminal legal system. Despite all its strengths, the federal public defense system cannot be held out as the example of our nation's commitment to the rule of law, until it meets this first of the ABA's Ten Principles of a Public Defense Delivery System. The Federal Public Defense Commission Actrepresents a thoughtful and measured approach that moves public defense closer to full independence while retaining institutional stability. NACDL urges Congress to correct this longstanding flaw in the federal criminal justice system and pass the Federal Public Defense Commission Act," said Lisa M. Wayne, Executive Director, National Association of Criminal Defense Lawyers.

Senator Welch has championed fully funding the Federal Defender Services program. Earlier this year, he successfully foughtto include additional funding to support the Federal Public Defender program in the appropriations bills for FY2024, which was passed by Congress in late March. This funding helped federal public defenders avoid layoffs and end a hiring freeze. Shortly after the passage of the funding, he took to the Senate Floorto discuss this critical program.

This Congress, Senator Welch led every Senate Judiciary Democrat in sending a letterto the Administrative Office of the U.S. Courts urging the office to give appropriate consideration to the funding of the Federal Public Defender program in the Office's budget request for FY2025, which was ultimately a successful effort.

Learn moreabout theFederal Public Defense Commission Act.

Read a section-by-section summaryof the bill.

Read the full textof the bill.

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