Jun 18, 2024 By Brad Hundt 4 min read

With millions of dollars coming from Harrisburg to support indigent defense services in communities around the state, public defender offices in Washington, Greene and Fayette counties plan on using the additional funds to hire more people and purchase items they need in their offices.

On Wednesday, the Pennsylvania Commission on Crime and Delinquency (PCCD) approved the grants, which include $6.7 million for indigent defense services. Until the money was included in the state budget for the 2023-24 fiscal year, Pennsylvania was one of just two states that did not provide any state funding for services that provide legal representation for those who can’t afford an attorney. The other state is South Dakota.

The exact amount of funding each county will receive has yet to be determined, but the infusion of money is being welcomed by officials and advocates who say indigent defense has been underfunded in Pennsylvania.

“This is greatly needed and appreciated,” said Rose Semple, Washington County’s chief public defender.

Semple’s office requested a little more than $95,000, and would like to use it to add an additional part-time attorney to its staff of 10 attorneys, and to help cover costs related to training and expert assistance. Harry J. Cancelmi Jr., who leads the Greene County public defender’s office, could not be reached for comment, but his office has requested a little more than $94,000 for an additional full-time attorney.

Fayette County requested close to $98,000 for its public defender office and conflict counsel, the latter of which takes on the cases of indigent defendants who cannot be represented by public defenders due to potential conflicts of interest. Sue Harper, Fayette’s public defender, said they would use the funds from the state for software upgrades and other equipment.

“Things that are needed, but that there just wasn’t the money for,” Harper explained. “It’s the first time a grant like this has ever happened in the state.”

The 2024-25 state budget has yet to be approved, but the administration of Gov. Josh Shapiro is asking for an additional $2.5 million that can go out to counties for indigent funding. When state-level administrative costs are included, the governor is asking for $10 million overall for indigent defense funding in 2024-25.

In a news release, Shapiro said, “We need to do more to build equity in our criminal justice system, and a critical piece of that is sustained, dedicated funding for public defenders. That’s why I’ve proposed investing another $10 million in our public defenders this year to ensure that everyone has a fair shot and both sides have an adequate opportunity to present a strong case in court.”

All told, the PCCD approved $32 million in grants for various criminal justice services, including programs that provide alternatives to jail time for individuals with substance use disorders or mental health conditions, and support child victims of crime and sexual abuse.

Coincidentally, the grant dollars are going out to communities at the same time that the American Civil Liberties Union (ACLU) has joined forces with some private law firms in Pennsylvania to file suit about the state’s funding – or lack thereof – for indigent defense services. Filed Thursday in Commonwealth Court on behalf of defendants who are currently facing criminal charges, the suit argues that the lack of statewide funding has left criminal defendants without adequate representation. The petition names Shapiro and members of the General Assembly as defendants.

Under the Pennsylvania Public Defender Act, counties have been left to fund and oversee indigent defense. Mike Lee, executive director of the ACLU of Pennsylvania, said in a news release, “The inconsistent and insufficient funding of indigent defense in Pennsylvania makes us less safe. … Gov. Shapiro’s budget allocation of $7.5 million is better than zero. But it is nowhere near the amount necessary to solve this crisis.”