Justice for the Rich and White: Pennsylvania Public Defense System is Unconstitutional, Underfunded by at Least $100M, New ACLU Suit Says

From [HERE] Pennsylvania has failed to live up to its constitutional responsibility to provide an effective defense to people who can’t afford attorneys and will need to spend at least $100 million to fulfill this obligation, the ACLU of Pennsylvania said in a lawsuit filed Thursday.

The group brought the suit on behalf of 17 people facing issues including little to no contact with the public defenders they are entitled to, according to the lawsuit.

It was also filed on behalf of all current and future indigent people, those accused of a crime and unable to pay for a private defense attorney. If the court approves this group as a class, any outcome will extend to all of those affected.

The suit blames the state, not the counties, for failing to properly fund these constitutionally mandated services and names Democratic Gov. Josh Shapiro, state Senate President Pro Tempore Kim Ward (R., Westmoreland) and state House Speaker Joanna McClinton (D., Philadelphia) as defendants.

At the moment, Pennsylvania only provides $7.5 million to support indigent defense. Counties must make up the rest with limited local funds, and public defenders’ offices are often shut out from funding opportunities available to prosecutors, the suit asserts citing Spotlight PA reporting.

The suit asks Commonwealth Court to rule the current public defense system unconstitutional and retain oversight until the state fully complies with the constitutional right to counsel.

Rather than seeking damages for specific plaintiffs, the suit is pursuing holistic reform, said ACLU of Pennsylvania Legal Director Vic Walczak.

“You’re trying to change how an institution works — here we’re actually talking about how 67 institutions work,” he told Spotlight PA.