In a significant shift, Pennsylvania’s board overseeing opioid settlement funds has approved Bucks County’s plan to allocate a portion of its funds for a public defender position. This decision could influence how local governments throughout the state use their opioid settlement resources, which are expected to total approximately $2 billion from various drug company settlements.
The approval marks a small victory for advocates, including recovery and harm reduction organizations, who have long criticized the disproportionate funding allocated to law enforcement compared to public defense. Niels Eriksen Jr., the chief public defender in Bucks County, highlighted the chronic underfunding of public defender offices in comparison to law enforcement agencies. “We are barely keeping our head above water,” he stated in November.
Changing the Narrative on Opioid Settlement Funds
The issue of public defense funding has been contentious in Pennsylvania, with concerns arising over the proper use of opioid settlement money. Nearly two years prior, Spotlight PA reported on disparities in spending, revealing that several district attorneys’ offices were set to receive millions in settlement funds but little attention was being given to public defenders.
According to Sara Jacobson, executive director of the Public Defender Association of Pennsylvania, this funding imbalance has significant implications. “There is so much of a need across Pennsylvania for more public defenders,” she remarked.
Settlement funds are designed to address the opioid crisis and can be used for various purposes, including overdose prevention and addiction treatment. Counties must adhere to guidelines outlined in a settlement document known as Exhibit E, which lists recommended strategies for fund use. Despite this, the Pennsylvania Opioid Misuse and Addiction Abatement Trust previously dissuaded spending on public defenders, further complicating the funding landscape.
The trust’s recent approval of Bucks County’s public defender position may help set a precedent for other counties looking to allocate funds similarly. However, the position will focus solely on clients with opioid use disorder and substance use disorder, limiting its reach. Bucks County spokesperson James O’Malley explained that eligibility for the position is determined by a client’s self-reported status or a diagnosis from a treatment provider, rather than the charges faced by the defendants.
Future Implications for Public Defense
Despite the approval, advocates caution that the funding for public defenders remains insufficient to meet the growing demand for legal representation. According to the ACLU of Pennsylvania attorney, Ari Shapell, public defender offices across the state require hundreds more attorneys to fulfill their constitutional obligations effectively. “While these additional funding sources are very welcome, they are not going to be nearly enough to close the gap in terms of the actual need here,” he noted.
As Pennsylvania anticipates the distribution of opioid settlement funds until approximately 2038, local governments are encouraged to consider public defense funding in their spending plans. The recent decision by the trust, which also removed previous guidance discouraging such spending, signals a potential shift in how these funds may be utilized moving forward.
Officials from other counties, including Elk County, are now reconsidering their strategies in light of the new approval. Elk County Commissioner Matthew Quesenberry expressed optimism about the trust’s willingness to reassess public defense funding. Nevertheless, he noted the challenge of ensuring sustainable funding beyond the settlement period, cautioning that “eventually the music’s gonna stop and somebody’s not gonna have a chair.”
As the opioid crisis continues to affect communities across the state, the allocation of settlement funds remains a vital conversation. Stakeholders are hopeful that Bucks County’s decision will inspire other counties to prioritize public defense, ultimately contributing to more equitable legal representation for those affected by addiction.
