CPDA Statements

California Public Defenders Association Denounces Federal Funding Lapse Harming Indigent Defense

October 30, 2025

SACRAMENTO – The California Public Defenders Association (CPDA) condemns the federal government’s months-long failure to pay Criminal Justice Act (CJA) panel attorneys, and their recent decision to cease pay for Federal Public Defenders amid the ongoing government shutdown. CJA panel payments were exhausted around July 3, 2025, and have been largely deferred ever since. After maintaining paid operations only through Friday, October 17, federal defenders and staff have been working without pay since October 20. 

“Justice delayed because lawyers are unpaid is justice denied,” said Kate Chatfield, Executive Director of CPDA. The current situation is untenable. A civilized society cannot incarcerate indigent people and then effectively deny them access to counsel by refusing to pay for that counsel.”

“California’s public defense community stands in full solidarity with our CJA and Federal Defender colleagues,” said Tracie Olson, Yolo County Public Defender and CPDA Board President. “With payments halted since July and federal defender salaries now frozen in the shutdown, Congress and the Administration are effectively eroding the Sixth Amendment in real time. Restore funding immediately—people’s liberty cannot wait.” 

These funding failures jeopardize the constitutional right to counsel and the functioning of federal courts. CJA panel attorneys and federal defender offices provide representation to the approximately 90% of people accused in federal court who cannot afford counsel. Many panel attorneys have now gone months without pay, forcing some to decline new cases, straining already overburdened defender offices, and most significantly, leaving people who are in need of representation without counsel. 

In the wake of the shutdown, CPDA is calling on federal courts to either dismiss cases where counsel cannot be compensated, for prosecutors to decline new filings until defense is adequately funded, and for those held pretrial or serving sentences in cases that are now stalled to be released. 

The federal government’s abdication of its constitutional duty cannot be met with silence or compliance. Justice cannot exist in a system that imprisons people who are poor while refusing to pay the lawyers who defend them. Restore funding, pay defenders, and end this moral and constitutional crisis now.

California Public Defenders Association Condemns Federal Militarization of Bay Area Communities

October 22, 2023


SAN FRANCISCO --Today, the California Public Defenders Association (CPDA) condemns the deployment of U.S. Customs and Border Protection (CBP) agents to the Bay Area. The arrival of armed federal forces in neighborhoods – without the authorization of local governments and in direct opposition to the wishes of the local communities -- represents an alarming escalation in the criminalization of immigrants, people of color, and those exercising their constitutional rights. 

CPDA and its members across California stand united with immigrant communities, labor partners, and local leaders demanding the immediate withdrawal of CBP agents from the Bay Area. California’s commitment to justice and sanctuary cannot coexist with the federal militarization of our streets.

Below, please find the following statements from the executive director and board members of the CPDA.

“When federal agents roam our neighborhoods under the guise of enforcement, the very notion of community safety collapses. Militarized patrols in our streets and throughout our communities are unacceptable.” – Tracie Olson, Chief Public Defender of Yolo County and CPDA Board President.

“Every one of CPDA’s members throughout the state is working every day to protect and defend their clients in court. In doing this work, public defenders are protecting and defending the rights of everyone. These federal actions undermine that work, replacing justice with fear and eroding trust in the rule of law.” – Kate Chatfield, Executive Director of CPDA

“This racist federal deployment is lawless, state-sanctioned violence, designed to terrorize communities of color and destroy due process. It is cruel, unconstitutional, and has no place in the Bay Area, or anywhere else.” – Brendon Woods, Alameda County Chief Public Defender 

“Deploying ICE in our local communities sends a chilling message: that some residents are less worthy of protection. This approach violates the principles we defend every day.” – Ellen McDonnell, Contra Costa County Chief Public Defender

“When the line between immigration enforcement and everyday policing blurs, people stop trusting the systems meant to protect them. This undermines public safety for everyone.” – Lisa Maguire, Chief Defender of the San Mateo County Private Defender Program, which provides public-defense services in the county

We defend the rights of community members who have built lives here. To deploy federal agents focused on enforcement, not justice, in our community is to threaten everything this state says it values—family, equity, and the right to be secure. – David Sutton, Marin County Chief Public Defender

California Public Defenders Association Deeply Disappointed by Governor’s Veto of SB 485, Missed Opportunity to Safeguard the Independence of Public Defense

October 13, 2025

The California Public Defenders Association (CPDA) expressed deep disappointment following Governor Gavin Newsom’s veto of SB 485 (Reyes), a bill that would have protected the independence of Chief Public Defenders by ensuring they could only be removed for cause and by a three-fifths vote of the board of supervisors.

“This veto is a setback for the independence of our legal system,” said Kate Chatfield, Executive Director of the California Public Defenders Association. “Chief Public Defenders cannot be truly independent if their employment depends on whether their advocacy offends those in power. We have seen, at every level of government, what happens when loyalty is valued above legality. California should have chosen a different path.”

The bill, authored by Senator Eloise Reyes (D-San Bernardino) and sponsored by CPDA, sought to align the job protections of Chief Public Defenders with those already afforded to county counsels and other appointed legal officers. Under existing law, chief public defenders serve “at will” and can be terminated for any reason — even for taking constitutionally required positions that may be politically unpopular.

“The Governor’s veto leaves in place a structure that allows politics to intrude on justice,” said Senator Eloise Reyes. “Public defenders must be able to represent their clients — including those accused of serious or unpopular offenses — without fear of losing their jobs. SB 485 was about protecting integrity, not privilege.”

The veto comes amid a national climate where the independence of public institutions has too often been tested by partisan influence and retaliation against officials who refuse to bend the law to political will. California’s public defense system, CPDA emphasized, should stand as a bulwark against those trends — not remain vulnerable to them.

"Gov. Newsom recently said, ‘It’s time for all of us to stand up.’ But apparently that doesn’t apply to public defenders. With this veto, the governor is telling us to stay quiet and not make waves,” said Alameda County Chief Public Defender Brendon Woods. “Sometimes advocating for our clients and community requires taking positions that put our jobs in jeopardy. Whether it’s calling out racism in our courts or pushing back against ICE arrests in courthouses, we should be allowed to protect our clients without fear of being fired."

Despite the setback, CPDA pledged to continue its efforts to strengthen institutional safeguards for public defenders statewide.

“This fight is not over,” added Chatfield. “CPDA will work with lawmakers, counties, and community allies to bring back these protections until every public defender in California can advocate fearlessly on behalf of their clients — as the Constitution requires.”

CPDA Celebrates Governor’s Signing of SB 524, Milestone for Transparency and Accountability in Police Reporting

October 10, 2025

The California Public Defenders Association (CPDA) is proud to announce that Governor Gavin Newsom has signed SB 524 (Arreguín) into law. This landmark legislation will inject much-needed transparency and safeguards into the use of artificial intelligence (AI) in law enforcement report writing.

"Due process requires transparency," said Kate Chatfield, Executive Director of California Public Defenders Association.  “Too often, police narratives become the default truth, even when they contain errors or biases. SB 524 ensures that law enforcement are transparent when they use AI to write their reports and ensures that these reports have an audit trail. Everyone in the legal system -- judges, juries, attorneys, and the accused -- deserve to know who wrote the police report.  We are grateful to the Governor, Senator Arreguín, and all legislators who advanced this reform.”

SB 524 requires that when a law enforcement agency uses AI — whether fully or in part — to help prepare official reports, the law enforcement agency must disclose that fact. Further, the first draft generated by AI must be retained for as long as the final report is retained. Third-party vendors contracted to provide AI services may not share, sell, or repurpose law enforcement data except for defined law enforcement or court-ordered purposes.

These provisions reflect CPDA’s longstanding view that AI in law enforcement reporting cannot be a hidden black box. The criminal legal system rests on foundational presumptions of reliability and fairness — and AI must not erode them.

“With SB 524, California is sending a clear message: innovation in policing must be tethered to accountability,” said Senator Jesse Arreguín (Berkeley), author of the bill. “No more opaque reports, no more guessing whether AI shaped the narrative. The public, the defense, and the courts deserve to know.”

California Public Defenders Association Statement on Noem v. Perdomo

September 9, 2025

 

The Supreme Court ruling in Noem v. Perdomo represents a devastating setback for constitutional protections. By allowing asserted federal agents to engage in violent detentions and interrogations based on appearance, language, and working at a low-wage job, the Court has opened the door wide to racial profiling and discriminatory policing under the guise of immigration enforcement.

This decision is a death knell to the Fourth Amendment’s protections against unreasonable searches and seizures—not just for immigrants, but for all people in this country. If government agents are permitted to stop individuals based on race, accent, or neighborhood, then no one is safe from arbitrary detention. Such practices transform entire communities into constitutional-free zones.

As public defenders, we see every day the devastating consequences of biased policing. The Court’s ruling sanctions practices that deliberately target Latinos and other communities of color, including U.S. citizens, lawful residents, and those with deep ties to California. It undermines trust in the justice system and threatens to normalize a regime where rights exist only for some, but not for all.

The California Public Defenders Association stands firmly against this assault on the Constitution and this assault on the residents of California. We call on lawmakers at every level of government – state and federal – to enact laws and policies that prohibit racial profiling and defend the principle that every person—regardless of race, language, or status—is entitled to equal protection under the law.

California Public Defenders Association Statement on Trump's Executive Order Regarding Bail 

August 27, 2025


The California Public Defenders Association condemns President Trump’s executive order seeking to roll back bail reform and reinstate money bail practices in jurisdictions where there has been necessary reform. This order and the President’s ill-informed statements are a direct attack on the constitutional principles of fairness and equality that should underpin our justice system.

For decades, the use of money bail has punished people for their poverty rather than their conduct. Those who can afford to pay are set free, while low-income people who are disproportionately people of color are forced to languish in jail, separated from their families, jobs, and communities, often pleading guilty simply to regain their freedom.

In California, courts have been taking concrete steps toward reform in recent years. In re Humphrey (2021), the California Supreme Court declared that it is unconstitutional to detain a person before trial solely because they cannot afford bail. And in 2023, the Los Angeles Superior Court implemented its Pre-Arraignment Release Protocols (PARPs). This effectively eliminated money bail for most low-level offenses. 

Independent research from the California Policy Lab shows that this reform both significantly reduced jail populations and did not increase crime rates, proving that communities can be kept safe without tying pretrial freedom to wealth.  These rulings laid a constitutional foundation for a fairer and more equitable pretrial system in California.

By attempting to reverse these reforms through executive fiat, the federal government seeks to undo years of progress and destabilize communities that have already borne the brunt of mass incarceration. Public safety is best served when individuals can maintain stability in their lives while awaiting trial, not when they are punished with jail simply for being poor.

The California Public Defenders Association urges policymakers, courts, and the public to resist this harmful executive order and the false rhetoric and to continue advancing reforms that bring us closer to a truly just and equitable criminal legal system. 

California Public Defenders Association Condemns ICE Raids, State Violence Against Protesters, and Stands in Solidarity with SEIU and Community Defenders

June 8, 2025


SACRAMENTO, CA — The California Public Defenders Association (CPDA) strongly condemns the
recent actions by U.S. Immigration and Customs Enforcement (ICE), including the violent and unlawful
apprehension of individuals in our neighborhoods. These state-sponsored raids are part of a broader
war on migrants — our neighbors, clients, and family members — who are integral to the fabric of our
communities. These actions represent a stark violation of civil liberties, an abuse of federal power, and a
betrayal of California’s commitment to immigrant rights and sanctuary values.

Defenders across the state are already seeing the devastating human consequences of these actions:
children left without parents, long-term residents torn from their communities, and legal residents
wrongly swept up in mass enforcement. These are not isolated cases—they are evidence of systemic
harm.

We commend those who have taken courageous, protected action to stand up for their neighbors and to
resist illegal and immoral government operations. This includes not only community members and legal
advocates, but labor leaders and frontline workers.

CPDA stands shoulder to shoulder with SEIU and with their President David Huerta, whose unwavering
support for immigrant and working-class communities mirrors our daily fight for justice. We work
alongside SEIU members every day in our offices, courthouses, jails, and communities across California
— united in the struggle for dignity and safety for all.

As the statewide voice for attorneys who represent people accused of crimes, CPDA also denounces
the use of violence and intimidation by law enforcement against protesters. Peaceful protest is a right
enshrined in both the U.S. Constitution and the California Constitution. The state has no authority to
brutalize those who speak out for justice.

“This moment demands moral clarity,” said CPDA Board President Tracie Olson. “We will not stand by
while ICE terrorizes our communities, or while law enforcement attacks the people who dare to oppose
it. CPDA is proud to defend those who defend others — in the streets, in the courts, and in the halls of
power.”