NEW REPORT: Governor Shapiro’s Invests in Indigent Defense | Commonwealth of Pennsylvania

Harrisburg, PA - According to data from the Pennsylvania Commission on Crime and Delinquency (PCCD)'s Indigent Defense Advisory Committee, Governor Shapiro's groundbreaking investment in indigent defense is driving progress in the criminal justice system. New reporting from Spotlight PA shows that thanks to the investment championed by the Governor, public defenders across the Commonwealth created 37 new attorney and staff positions, implemented case management systems for the first time, and were able to better serve Pennsylvanians in need of legal counsel.

Until 2023, Pennsylvania was one of only two states in the country that did not provide state funding for indigent defense. To rectify that, Governor Shapiro fought for and secured $7.5 million in the 2023-24 budget as a historic first-time sustainable investment of state funding for indigent defense services across the Commonwealth, fulfilling a promise he made to Pennsylvanians. The past two state budgets have continued to fund the program each year, allowing PCCD - led by Lieutenant Governor Austin Davis - to drive out $22.5 million over 3 years to counties for indigent defense.

According to data from PCCD's report, an estimated 40% of indigent defense attorneys statewide leave within their first five years, and there has been a decline in the number of attorneys working in this field statewide. That's why Governor Shapiro's 2026-27 budget proposes another $7.5 million for indigent defense to ensure that everyone has a fair shot - and that both sides have an adequate opportunity to present a strong case in court.

Read more below about how the Shapiro Administration is getting stuff done and supporting the work of indigent defense service providers:

Spotlight: Pa.'s first-ever investment in public defense allowed offices to hire attorneys, improve case management

Pennsylvania's first two years of funding indigent defense resulted in progress toward better services for criminal defendants who cannot otherwise afford their own counsel, according to reports released earlier this year.

County defender offices across the state hired new attorneys, added crucial support staff, and implemented case management systems, some for the first time.

A new body, the Indigent Defense Advisory Committee, created the commonwealth's first standards for this kind of representation. And a massive data collection effort has provided policymakers with the first statewide picture of public defense.

"The money is a good start," said Sara Jacobson, who spoke with Spotlight PA in her capacity as executive director of the Public Defender Association of Pennsylvania, or PDAP. Jacobson also served as chair of the advisory committee for its first two years.

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In two rounds of funding since 2023, counties were awarded just under $13 million in grants from the state, which are noncompetitive and allocated through a formula.

Each county will receive between $184,000 and $295,000. The money is intended to supplement, not replace, support from county governments, which are still required by state law to be the primary funder of public defense.

Every county has put money toward personnel, with 76% of the grant money funds being budgeted for staff and contracted positions. Across the state, offices created 37 new attorney and support staff positions.

The legislature also created the Indigent Defense Advisory Committee to allocate the money and establish statewide standards for public defense.

Those standards were finalized in September, and submitted to the Supreme Court of Pennsylvania for approval. They mandate that attorneys providing no-cost criminal defense have sufficient knowledge of the law, continue their education, and have a reasonable understanding of relevant technology and forensic science.

The new standards also establish that effective representation includes a client-centered approach.

These new baselines are currently pending before the high court, which has referred them to the criminal and juvenile rules committees, said Ted Skaarup, assistant public defender for Northampton County. Skaarup is also the chair of the advisory committee.

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Looking forward, the Indigent Defense Advisory Committee is focused on three areas for continued progress, Skaarup said.

The committee is creating a centralized, digital resource library for indigent defenders around the state, where standards and practices vary by county. It's also continuing to engage with the Supreme Court of Pennsylvania and rules committees to produce robust standards for public defense.

But closing gaps in the data might be the most important task ahead, because an accurate picture of caseloads is "the baseline for a lot of the other work we want to do," Skaarup said.

"We have a lot of qualitative impressions of the quality of indigent services throughout the commonwealth, but we also are working to try and get some numbers behind those," he said.