How the Shutdown Exposed Fragile Federal Defense Rights

When I first read the Reuters piece titled “Judge tosses criminal case over funding shortfall tied to US government shutdown,” I knew my firm’s experience in the federal defense arena had just been given public, legal validation. Reuters The story highlighted how a federal judge in Sacramento, California, dismissed an indictment because of a constitutional breakdown: the defendant’s right to counsel was destroyed by a funding freeze that left court-appointed lawyers unpaid since July. Reuters

For months my firm had been working alongside those very court-appointed attorneys—supporting them as the system imploded beneath them. To see the judiciary acknowledge exactly what we had been living wasn’t just moving—it felt urgent.

Here’s how the sequence unfolded: during the longest government shutdown in U.S. history, the funding used to pay attorneys under the Criminal Justice Act (CJA) ran dry. Reuters The judge described the “indefensible situation” of expecting attorneys to prepare for a January trial when they hadn’t been paid since July. Reuters That defendant—Julian Raymon Ortiz—charged with methamphetamine distribution, had his case dismissed because the court concluded he could not receive effective assistance of counsel. Reuters

From our vantage point, the warning signs were everywhere. Attorneys on CJA panels began declining new appointments. Some simply stopped accepting cases altogether. The tools they needed—investigators, expert witnesses, time—all vanished or were at risk. We watched the gears of the justice system grind down. 

Cheryl L. Miller LLC  didn’t sit idle. We saw the attorneys scrambling under pressure, so we stepped in. We offered our CJA Paralegal  services to assist with  panel attorneys with evidence review and strategy sessions when attorneys couldn’t retain investigators. We did this because if defense attorneys collapsed, the persons they represented suffered. A defendant with no functioning attorney is not really defended at all.

When the judge’s decision from Judge John Mendez dropped, I realized we weren’t just talking about theoretical rights or abstract legal doctrine. We were witnessing a constitutional breakdown in motion. The judge wrote:

“The right to effective assistance of counsel is a bedrock principle of this country.” Reuters
And: “To expect his lawyer to prepare for trial under these circumstances would be not only unconscionable but also unconstitutional.” Reuters

That language matched what we had been saying in private conversations for months. The system wasn’t working. Funds dried up. The right to counsel vanished in practice—even if on paper it remained.

The article notes that Congress passed emergency legislation to restore funding and pay attorneys for unpaid work. Reuters But it also warns that $97 million remains owed and that the judiciary believes fiscal-year 2026 funding is still inadequate. Reuters This isn’t over. In our work we still assist attorneys who are digging out from backlogs, unpaid invoices, double caseloads. The shutdown may be over, but the damage lingers.

From our front-line view, the following must happen:

1. Dedicated, stable funding for CJA attorneys and public defenders that cannot evaporate during shutdowns.

2. Contingency protocols so that when the government gridlocks, legal defense doesn’t collapse.

3. More transparency and oversight over attorney-panel capacity, payment delays, and case loading.

4. Recognition of defense support work (investigators, experts, paralegals) as core—not optional—so budgets reflect reality.

The Reuters article captured the tipping point. Now the question is whether the system will learn from it.

Reading the Reuters report reminded me that constitutional rights are only as strong as their practical backing. A right to counsel means nothing if the council can’t be paid, can’t investigate, can’t prepare.

My firm will continue doing the support work—because the need remains. Because when the wheels of justice slow or stop, someone must oil them. Because as the Reuters ruling shows, our side of legal defense matters just as much as the prosecution’s.

If this shutdown crisis taught us anything, it’s that constitutional rights don’t protect themselves — people do.
My firm stands ready to support defense attorneys, legal organizations, and communities who refuse to allow access to justice to collapse under political pressure or funding failures.

 If your legal team, defender office, or panel practice needs strategic support, case-building assistance, or emergency research and drafting, contact us today. Together, we can protect the integrity of the justice system — one case at a time.

 Schedule a consult: 

Phone: 573-238-8130
📧 Email: admin@cherylmillerllc.com

Because when the system falters, your rights shouldn’t.

Sources:

Kanishka Singh & Brendan Pierson (2025). Judge Tosses Criminal Case Over Funding Shortfall Tied to US Government Shutdown. Reuters.
https://www.reuters.com/legal/government/judge-tosses-criminal-case-over-funding-shortfall-tied-us-government-shutdown-2025-11-13/