The U.S. government has run out of money to pay criminal defense attorneys representing low-income defendants in U.S. District Court, according to the federal court system.

Criminal defendants have the constitutional right to a lawyer even if they can’t afford one. In federal court, that applies to more than 90% of those charged, according to the courts.

There are roughly 50 lawyers in Maine who step in when the state’s four federal public defenders can’t. Those attorneys have not been paid for their work since July 3, according to a letter Maine’s federal defender sent the congressional delegation.

“These attorneys, many of which are solo practitioners, cannot sustain months-long delays in compensation while continuing to absorb case-related expenses,” wrote federal defender James Nixon. “Without reliable funding, attorneys will continue to withdraw, decline appointments, or delay critical work. Trials will be postponed, and the effectiveness of our federal courts will be significantly compromised. In short, the resulting crisis will drastically harm our clients and the federal courts.”

Court officials expect payments will resume Oct. 1, when the new fiscal year begins, but the budget will be about $116 million behind if Congress doesn’t agree to add supplemental funding, according to the letter.

“You’re robbing from next year’s budget,” said Bangor attorney Kaylee Folster, who chairs Maine’s panel of attorneys appointed in federal cases. Folster co-signed the letter with Nixon. “Most likely, it’s going to create a shortfall again.”

Rep. Chellie Pingree, D-1st District, said in a statement Friday she was alarmed the federal defenders were “being made to operate without the proper resources.”

“Rather than work with Democrats to pass full, bipartisan funding bills, last year Republicans chose a stopgap approach, leaving (the Defender Services Office) and the rest of the federal government in limbo,” Pingree said in the statement. “And there is unfortunately little sign of reprieve. This year, House Republicans proposed just a 7.9% bump for this program in the Fiscal Year 2026 funding bill, instead of the 21% increase needed to stabilize the system.”

A spokesperson for Sen. Susan Collins, R-Maine, said in a statement Friday that the senator believes the appointed lawyers play an “important constitutional role” and that she has advocated they get more funding.

“While thousands of federal defenders are being paid, shortfalls have forced the federal judiciary to make difficult decisions,” Collins’ staff said in the statement. “Senator Collins has advocated for additional funding to address the shortfall and will continue to do so.”

Staff for Rep. Jared Golden, D-2nd District, and Sen. Angus King, I-Maine, did not respond to emails seeking comment Friday.

Although Congress hasn’t taken up the budget yet, an early proposal from a House subcommittee includes almost $196 million less than what the federal defenders requested, according to a memo from the Administrative Office of the U.S. Courts obtained by the Press Herald.

The Defender Services program would have to cut positions, the memo states, and attorneys might go even longer without money next summer.

“Reductions of this magnitude would inhibit the Defender Services program from meeting its constitutionally mandated mission,” the memo states.

This isn’t the first time the federal government has run out of funds for appointed counsel. Nixon remembered a brief period about 12 years ago when attorneys went unpaid.

“This time it’s much different,” said attorney Rob Andrews, who has been taking federal cases since 2000. He runs a solo firm with two employees, whose salaries he pays for, along with the cost of computer equipment, phones and other overhead costs.

“There will probably be some people who, if this goes on any longer, can’t absorb more than a few months,” Andrews said.

Several of the same attorneys are also taking appointed work in state courts, where Maine’s public defense system has warned it will run out of money next year.

Andrews said such financial uncertainty makes it harder for lawyers to open their practices to serve low-income clients, but their work will always be in demand.

“The court isn’t going to shut down. The government isn’t going to stop bringing people before it. … People need to be defended,” Andrews said. “These are people. They have families.”

Attorneys who spoke with the Press Herald Friday talked broadly about the importance of their work in cases affecting defendants who can’t afford their own counsel.

“Criminal defense lawyers not only represent people through the process, but we help them manage their lives,” said attorney Michael Whipple, who has been appointed to represent clients in federal court. “They often have untreated substance abuse issues, mental health issues. We align them with services and treatment so they can get into recovery.”