Conyers, Nadler, and Scott Call for Federal Study of Indigent Defense Crisis

(Washington, D.C.) – In a letter to the U.S. Government Accountability Office (GAO) today, House Judiciary Committee Chairman John Conyers, Jr. (D-Mich.), Subcommittee on Constitution, Civil Rights, and Civil Liberties Chairman Jerrold Nadler (D-N.Y.), and Subcommittee on Crime, Terrorism, and Homeland Security Chairman Bobby Scott (D-Va.) called for the Acting Comptroller General, Honorable Gene L. Dorado, to examine the country’s current state of the indigent defense system and identify direct federal funding for states to provide counsel. The Sixth Amendment of the Constitution provides that all accused in criminal prosecutions have the right to legal representation, but in the current economic climate, the country’s underfunded indigent defense systems have fallen short of this obligation. One of the major concerns Chairman Conyers expressed in the letter was the challenge for Congress to address this crisis without the necessary objective data.

"Congress must act to address an indigent defense system that has been strained to the breaking point," Conyers said. "Federal funding for state and local law enforcement is available through the Edward Byrne Justice Assistant Grant (Byrne JAG) program, and Attorney General Holder has made clear that these funds may be used for public defense programs. We intend to learn exactly how these resources are put to use. A clear picture of the crisis will help us to correct any imbalances and protect the rights of the accused."

"Our indigent defense system is in crisis," said Congressman Jerrold Nadler (D-N.Y.). "People are routinely denied a meaningful right to counsel, as guaranteed by the Constitution, and this is unacceptable. I look forward to the GAO’s report so that we in Congress can determine the best way to remedy the problem."

Chairman Conyers requested the GAO to report information for the fiscal years (FY) 2005, 2006, 2007, 2008, and 2009.

Letter to Acting GAO Comptroller.