PA Public Defenders Need More Funding for Resentencing Hearings
HARRISBURG– The Public Defender Association of Pennsylvania (PDAP) and the Defender Association of Philadelphia oppose Senate Bill 1400, which passed out of the Pennsylvania State Senate today. Both organizations are urging lawmakers to vote no on this draconian bill as it moves to the State House, and calling for more funding for Public Defender offices in the wake of the Pennsylvania Supreme Court ruling in Commonwealth v. Lee.
In Lee, the Pennsylvania Supreme Court found Pennsylvania’s mandatory sentence of life without parole for felony murder violated the state’s constitution because it does not allow judges to consider individual culpability. The Lee court gave the General Assembly 120 days from its decision on March 26th to provide a legislative remedy. With 29 days remaining for the legislature to act, families, communities and justice reform advocates continue to call on the General Assembly to apply the landmark ruling retroactively to hundreds of people currently serving the same unconstitutional sentence.
Regardless of whether a lasting solution comes from the legislature or the courts, more money is needed for public defense in the wake of Lee. PDAP estimates it would cost between $34.3 to $36.1 million to adequately resource Public Defenders to represent the 1,100+ Pennsylvanians currently serving life without parole (LWOP) for second-degree murder – $24 million alone in Philadelphia.
Several bills have been introduced to attempt to find a solution. While SB 1400 passed out of the Senate today, House Bill 443, which provides for lower sentences and greater consideration of individual culpability, remains stalled in the House Judiciary Committee. SB 1400 replicates the mistakes of Pennsylvania’s current, unconstitutional sentencing scheme with high mandatory sentences that provide narrow opportunity for relief. This approach risks costly future litigation.
Looking ahead, new felony murder cases will require significantly more resources. SB 1400 mandates a maximum sentence of LWOP for many cases, meaning a sentencing hearing will determine whether the accused dies in jail. “Each of these cases will now need a capital-case level of mitigation, which means assistance from investigators and mitigators as well as experienced attorneys,” said Sara Jacobson, Executive Director of PDAP.
The 2026 budget proposed by Governor Shapiro proposes $7.5 million for indigent defense, the same amount that the state has allocated across 67 counties each year since 2023. The Defender Association of Philadelphia has received nominal funding from City Council and Mayor Parker in the past three budget cycles, far less than what was requested in order to deliver effective representation to Philadelphia citizens enmeshed in the justice system.
“Given how City Council and the Mayor have funded our office for the past three years, it’s highly unlikely to me that they’ll allocate the $24 million that is required to effectively represent over 500 people at individualized resentencing hearings,” according to Keisha Hudson, Chief Defender at the Defender Association of Philadelphia.
“Our own state Supreme Court held that these mandatory life sentences are so cruel that they violate Pennsylvania’s constitution,” said Jacobson. “If Defenders aren’t provided with the resources to provide adequate representation and real mitigation, then this becomes just another unfunded mandate. Only real representation can cure this injustice. Without it, the courts risk new sentences that are just as cruel and just as unconstitutional.”
