07/15/25: Joel Heitkamp is joined in the KFGO studio by Mark Friese, a North Dakota CJA (Criminal Justice Act) Panel Representative, and on the phone by Jason Tupman, the Federal Public Defender for the Districts of South Dakota and North Dakota. 

The U.S. Constitution protects criminal defendants’ right to an attorney. When federal defendants can’t afford a lawyer, they are typically assigned a federal public defender. About 40% of the time, however, federal defenders must pass the case to a private lawyer due to a conflict of interest, according to the judicial branch.

But the federal judiciary says that as of July 3, it has no more money to pay outside attorneys for these services. The judicial branch has asked Congress for roughly $116 million to sustain the program until the fiscal year turns over on Oct. 1.

(Joel Heitkamp is a talk show host on the Mighty 790 KFGO in Fargo-Moorhead. His award-winning program, “News & Views,” can be heard weekdays from 8 – 11 a.m. Follow Joel on X/Twitter @JoelKFGO.)