New Hampshire considers using wage data to verify indigent defendants' eligibility for free legal counsel

State officials explore sharing W2 information with courts to determine income levels and eligibility for court-appointed attorneys

Mar. 10, 2026 at 9:05am

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As Republican officials in New Hampshire call for greater scrutiny of spending on indigent defense counsel, the state's Department of Employment Security is exploring a proposal to share W2 wage data with courts. The goal is to allow judges to more easily verify whether defendants requesting free legal representation are truly low-income and eligible for court-appointed attorneys. The proposal comes amid concerns over high caseloads and low pay for public defenders in the state, which a recent report says is contributing to a backlog of cases.

Why it matters

The Sixth Amendment guarantees the right to effective legal counsel, including for those who cannot afford to hire a private attorney. However, there are concerns that some defendants may be falsely claiming indigence to receive free legal representation, contributing to high costs for the state. Verifying income levels could help ensure that only truly low-income defendants receive court-appointed counsel, but there are also worries that such measures could improperly deny access to legal representation for those who need it.

The details

The proposal from the New Hampshire Department of Employment Security would involve sharing the state's W2 wage data with courts, allowing judges to determine if defendants requesting free legal counsel are truly low-income. Department of Employment Security Commissioner Rich Lavers says the department has statutory authority to share the data, but they are still working out confidentiality issues. The state's first-appointed court administrator, Judge Christopher Keating, says the departments need to build infrastructure to get the income information to courts quickly, as the appointment of counsel happens 'lightning fast' due to the need for prompt access to representation. The proposal is part of a broader review of the state's indigent defense system, which a 2022 report found is beleaguered by high caseloads and low pay for public defenders.

  • In October 2025, the New Hampshire Executive Council voted to freeze $5.5 million in funding for the state's Judicial Council to pay for indigent defense counsel.
  • In November 2025, the New Hampshire Supreme Court convened a task force led by Associate Justice Melissa Countway to study the state's indigent defense system.
  • On February 12, 2026, the task force issued a report with recommendations for improving the process of determining eligibility for court-appointed attorneys.

The players

Rich Lavers

Commissioner of the New Hampshire Department of Employment Security.

John Stephen

Republican executive councilor from Manchester who has raised concerns over the amount the state spends on indigent defense.

Christopher Keating

The first-appointed state court administrator in New Hampshire.

Melissa Countway

Associate Justice of the New Hampshire Supreme Court who led the task force studying the state's indigent defense system.

Sixth Amendment Center

A nonprofit organization that conducted a 253-page review of New Hampshire's indigent defense system in 2022.

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What they’re saying

“We're looking at some ideas around piloting that so it's going to be successful.”

— Rich Lavers, Commissioner, New Hampshire Department of Employment Security

“We need to get going on this. It's tricky because the appointment of counsel process happens lightning fast, because there are important considerations involved in getting people access to counsel promptly.”

— Christopher Keating, First-appointed state court administrator

“I'm not talking about impairing … fundamental constitutional rights. But if we find that someone lied, I'll come out of retirement as a prosecutor. We need to make sure they're held accountable, and I haven't seen that.”

— John Stephen, Republican executive councilor

What’s next

The New Hampshire Department of Employment Security and the state's judicial branch are working to build the necessary infrastructure to quickly share W2 wage data with courts to verify defendants' income levels and eligibility for court-appointed attorneys. The pilot program will assess the efficiency and cost-effectiveness of the new verification process.

The takeaway

This proposal highlights the ongoing tension between ensuring access to legal counsel for those who cannot afford it and preventing potential abuse of the system. While verifying income levels could help control costs, there are concerns that such measures could improperly deny representation to those who truly need it. Striking the right balance will be crucial as New Hampshire works to improve its indigent defense system.