Booker, Maloney Announce Bicameral Effort to Fix America's Strained Public Defender System

Press Release

Today, U.S. Sen. Cory Booker (D-NJ) and Rep. Sean Patrick Maloney (NY-18) announced the beginning of a new bicameral effort to fix America's strained public defender system. Sen. Booker is introducing the Equal Justice Under Law Act of 2016, legislation that seeks to address the indigent defense crisis in many states throughout the country. In April, Rep. Maloney introduced the Equal Justice Under Law Act of 2016 in the House. The two will partner to advance the legislation through Congress.

"The right to counsel is a constitutional right guaranteed to all Americans. Sadly, all too often our broken justice system falls short of providing this right, and the consequences of these shortcomings is felt most acutely in low-income communities all across this country," Sen. Booker said. "The Equal Justice Under Law Act seeks to fill in the glaring gaps that have left too many Americans vulnerable and without adequate legal representation. I will continue to work relentlessly to better balance the scales of justice so that we can truly be a nation of liberty and justice for all."

"Fifty-three years after the Supreme Court reaffirmed our constitutional right to an attorney, public defenders are still juggling hundreds of cases and defendants are still meeting their lawyers only minutes before entering a guilty plea," said Rep. Maloney. "Our criminal justice system is broken, and that disproportionately hurts poor Americans. The Equal Justice Under Law Act introduces a vital step to repair our broken system by giving indigent defendants the tools they need to secure their right to effective counsel before it is too late -- giving all Americans, regardless of the size of their paycheck, equal justice under the law."

"In New Orleans, I see first-hand the human cost of the indigent defense crisis. Every day, Americans lose basic constitutional rights in overburdened and underfunded public defense systems. This legislation reaffirms a vital but unfulfilled principle: in this country, the rich and the poor have an equal right to a fair trial," said Derwyn Bunton, Chief District Director, Orleans Parish.

Across our nation, public defender systems are in crisis. Public defender offices--if one exists in a state at all--are consistently underfunded. As a result, attorneys dedicated to defending the poor in criminal cases are unable to do their jobs effectively because they are underpaid and overworked. According to a 2012 Brennan Center report, there are counties and states in America where public defenders are responsible more than 300 cases at one time. This phenomena is not unique. In fact, 75 percent of county-funded public defender offices have caseloads that exceed recommended standards. Even the most talented and efficient attorneys are not able to dedicate the requisite time and energy to fulfilling their duty to zealously represent a client with such large caseloads.

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