In 1963, the U.S. Supreme Court in Gideon v. Wainwright guaranteed the right to legal counsel for criminal defendants in state and federal proceedings. Yet, 60 years later, Pennsylvania still relies primarily on its counties to fund public defense. In 2023, the Pennsylvania General Assembly, at the recommendation of Gov. Josh Shapiro, took a historic step by appropriating $7.5 million for indigent public defense—the first-ever statewide appropriation. But, there is much more to do.

Adequately funded indigent public defense is not only an obligation under the Pennsylvania and U.S. Constitutions, but underfunding can significantly affect the criminal justice system and the rights of both defendants and victims. While Gideon established under the Sixth Amendment an indigent person’s right to counsel to defend felony charges in state courts (which has been expanded over time by the Supreme Court to cover federal courts, misdemeanor charges and certain juvenile proceedings), the Supreme Court left decisions regarding funding and oversight to the states.