Via press release on July 5, 2024, the Commission detailed updates on and continued challenges regarding the historic move to reform indigent defense services in Pennsylvania.
The press release provides information on the lawsuit filed on June 13, 2024 by the ACLU of Pennsylvania (ACLU-PA) against Governor Shapiro, state Senate President Pro Tempore Kim Ward, and state House Speaker Joanna McClinton, challenging the Commonwealth’s indigent defense system. The suit alleges a lack of state-based funding and oversight, inadequate representation, excessive public defender caseloads, and systemic failures, among other things. The ACLU-PA is seeking a judgment from the court declaring that the Commonwealth has an obligation under both the Pennsylvania and United States Constitutions to provide effective assistance of counsel to indigent defendants.
The press release also sets forth the efforts of the Indigent Defense Advisory Committee, established by Act 34 (2023) and on which Interbranch Commission Executive Director Maraleen Shields serves as an ex officio (non-voting) member. In June, the Advisory Committee approved over $6.6 million in indigent defense funding to Pennsylvania’s counties pursuant to Act 34’s Indigent Defense Grant Program. This funding marks the first time that state-based dollars have supplemented county expenditures. Counties plan to use the funds to recruit and retain staff, upgrade technology and equipment, and improve data collection. Governor Shapiro’s administration has proposed an additional $10 million for indigent defense services in the 2024-25 budget.
The Interbranch Commission remains strongly committed to advocating for the resources and legislative support necessary to ensure the effective provision of indigent services in Pennsylvania.