Pennsylvania Boosts Public Defense Funding, But Challenges Remain

New state investment allowed offices to hire more attorneys and improve case management, but turnover and high caseloads persist.

Apr. 1, 2026 at 9:25pm

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Pennsylvania's first two years of funding for public defense has led to some improvements, with county defender offices hiring new attorneys, adding support staff, and implementing case management systems. However, the state is still about 400 attorneys short of what's needed to provide adequate representation, and public defender offices are struggling with high turnover, with nearly 40% of new hires leaving within two years.

Why it matters

For decades, Pennsylvania was one of only two states that did not fund public defense, leaving counties to shoulder the burden. The new state funding represents an important first step, but significant challenges remain in ensuring the constitutional right to counsel for low-income defendants.

The details

The $7.5 million in annual state funding, approved in 2023, allowed county defender offices to hire new attorneys and support staff, and implement case management systems. However, the state is still about 400 attorneys short of what's needed, and public defender offices are facing high turnover, with nearly 40% of new hires leaving within two years. The new funding also enabled the creation of the Indigent Defense Advisory Committee, which established the state's first standards for public defense representation.

  • In 2020, the Public Defender Association of Pennsylvania (PDAP) hired its first employee and became more active in organizing training and advocating for change.
  • In 2023, the state legislature and Governor Josh Shapiro approved $7.5 million in annual funding for public defense, the first-ever state investment.
  • In 2024, the ACLU of Pennsylvania sued the state, arguing that Pennsylvania's county-by-county system of funding public defense violates the U.S. Constitution. The case is ongoing.

The players

Sara Jacobson

Executive director of the Public Defender Association of Pennsylvania (PDAP) and former chair of the Indigent Defense Advisory Committee.

Samuel Encarnacion

A veteran public defender with the Lancaster County office who left in 2025 after more than 30 years.

Ted Skaarup

Assistant public defender for Northampton County and chair of the Indigent Defense Advisory Committee.

Megan Tidwell

Chief Defender in Lebanon County.

Josh Shapiro

Governor of Pennsylvania.

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What they’re saying

“The money is a good start, but at flat-funding, we don't gain more. At flat-funding, we stay where we are.”

— Sara Jacobson, Executive director of the Public Defender Association of Pennsylvania

“We used to say we were the only one, or one of the only ones not funding. Well, now we can't say that.”

— Samuel Encarnacion, Veteran public defender

“Indigent defense shouldn't be like haggling over the price of a car. There's much more to do.”

— Sara Jacobson, Executive director of the Public Defender Association of Pennsylvania

What’s next

The Indigent Defense Advisory Committee is focused on creating a centralized digital resource library for public defenders, continuing to work with the Pennsylvania Supreme Court to establish robust standards for public defense, and improving data collection to get a more accurate picture of caseloads across the state.

The takeaway

While the new state funding for public defense in Pennsylvania represents an important first step, significant challenges remain in ensuring adequate representation for low-income defendants. High turnover, overwhelming caseloads, and gaps in data collection continue to hinder the ability of public defender offices to provide effective counsel.