Editorial: Who bears the responsibility for defending the poor?

Being poor in Pennsylvania is not a crime.

It might be enough to get you punished, though, according to a new lawsuit.

The American Civil Liberties Union and private law firms filed a petition in Commonwealth Court on Thursday. The demand? They want a ruling that spells out the state’s requirement to provide funding for the defense of those who cannot afford their own lawyers.

It sounds familiar, doesn’t it? Isn’t that already in the U.S. Constitution? Doesn’t the state constitution affirm it, too?

Yes and yes. That is the problem the suit is trying to spotlight.

“This is an issue that, literally, impacts hundreds of thousands of people every year. This is a huge case,” said Vic Walczak, ACLU of Pennsylvania legal director.

The Keystone State has been one of only two states not providing funds for public defenders. Instead, it left it up to individual counties. That changed in 2023 when the state finally put money on the table. The amount now is the question — it’s just $6.75 million.

Pennsylvania has 67 counties. Divide it, and each county would get less than $101,000. In Allegheny and Westmoreland counties, that would pay for fewer than two public defenders each.

This is also a burden on counties similar to that placed on school districts. Areas with more money should not have more justice any more than they should have better education. The court has weighed in on that issue in much the way the suit asks for a ruling here.

Yes, the state’s $6.75 million is a start. That anything was hammered out in last year’s debacle of a budget was a win, but it can’t be allowed to remain there. This is a situation where a failure to identify the need can have grave consequences.

When people have inadequate counsel — including competent but overworked counsel representing too many clients at one time — the results can be more than just unfortunate. They can be deadly.

The lawsuit is a smart step. It isn’t demanding a payout for any single person. It isn’t demanding a payout at all. It is requesting something long overdue: a reading of the law that spells out responsibility.