A California federal judge dismissed a criminal case after finding that the defendant's constitutional right to counsel was violated by a funding shortfall that left private attorneys who serve as court-appointed defense lawyers unpaid since July.
Wednesday's ruling by U.S. District Judge John Mendez in Sacramento appeared to mark the first time a judge had dismissed an indictment as a result of a funding crisis that was exacerbated by the longest government shutdown in U.S. history. "The right to effective assistance of counsel is a bedrock principle of this country and is indisputably necessary for the operation of a fair criminal justice system," Mendez, an appointee of President George W. Bush, wrote. Read the ruling here.
The judge noted that since July, the federal government had completely stopped paying the roughly 12,000 private lawyers nationally who serve on court-managed panels that provide counsel to defendants who cannot afford to hire attorneys when federal public defenders are unavailable to represent them.
The ruling was issued hours before President Trump signed legislation ending the 43-day shutdown, restoring funding for the lawyers for now.
The defendant in the case was charged with methamphetamine distribution. Mendez dismissed the indictment without prejudice, saying prosecutors could seek to bring charges again once funding for his and the other lawyers was available again. Read more from Nate Raymond.
