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Appellate and court-appointed counsel groups warn of system collapse without more funding
Summary
Appellate defense projects told the subcommittee the court-appointed counsel system is strained after caseload increases; projects urged the Legislature to provide the full requested increase to retain and recruit attorneys and prevent a growing backlog
Multiple appellate and indigent-defense organizations testified that the court-appointed counsel system — particularly Court of Appeal appointed-counsel projects — faces an immediate staffing and access crisis and urged the committee to fund the Judicial Council’s requested increase.
Speakers from the California Appellate Project, Appellate Defenders Inc., Central California Appellate Project and project colleagues described rising caseloads and falling attorney participation. Jennifer Peabody, executive director of the California Appellate Project, said the program saw a 70% increase in cases requiring appointed counsel and that projects now face long waits for clients to receive representation. Peabody asked the Legislature to restore a requested $25 million increase to the court-appointed counsel system to bolster recruitment, retention and training for panel attorneys.
Other project directors described wide geographic disparities, the difficulty of retaining experienced attorneys when private‑sector pay exceeds public rates, and that many projects report a growing backlog and attorneys leaving the panel. Speakers said inadequate pay, combined with increased case volume, prevents their projects from providing constitutionally required representation in a timely manner.
Committee members and staff acknowledged the May revision included some increases but that the funding currently proposed in the May revision would not fully close the gap. The subcommittee did not take a vote; members asked Judicial Council staff to provide additional specificity on how May-revision funding is allocated and whether supplemental one-time or ongoing funding would reduce backlog and attrition among panel attorneys.
Public defenders, appellate defense providers and justice-reform advocates requested the Legislature prioritize funding to prevent further deterioration in the indigent-defense system and to preserve access to counsel for constitutionally protected cases.
