Quality Defense Act of 2025
Quality Defense Act of 2025 would authorize the Attorney General to fund public defense improvements in states, localities, and Tribal communities through two grant tracks: data grants to build and maintain data collection systems on public defense, and hiring grants to increase staffing and compensate defenders to achieve pay parity with prosecutors. The bill also requires extensive data reporting on defense representation (including demographics and case details), mandates studies on caseloads and compensation, enables state data reporting to a federal office, and funds defender education and training programs. The overarching goal is to strengthen the constitutional right to counsel by promoting evidence-based reforms, improving defense quality, and mitigating barriers that deter individuals from choosing public defense careers. In practical terms, the act would create a multi-year funding stream (starting with $250 million annually for the first five years) to build data infrastructure, hire and fairly compensate public defenders and panel attorneys, gather nationwide and state-level data on defense representation and outcomes, and invest in ongoing defender training. It emphasizes data-driven improvements to ensure effective assistance of counsel and aims to align defender resources with constitutional standards and professional norms.
Key Points
- 1Grants program for public defense: The Attorney General may award data grants or hiring grants to eligible entities (states, units of local government, Tribal organizations, and public defender offices) to improve data collection and to hire staff or raise pay for public defenders and panel attorneys.
- 2Comprehensive data collection and reporting: Data grants require annual collection of detailed metrics (attorney work hours by activity, caseloads by case type and most serious/secondary charges, client demographics, dates of appointment and case resolution, and other AG-determined data). Data must be reported within 60 days after each fiscal year, and each defendant in multi-defendant incidents is treated as a separate case for data purposes.
- 3Pay parity and staffing enhancements: Hiring grants can fund new hires, higher pay to achieve parity with corresponding prosecutor offices, recruitment of support staff, and loan repayment programs for public defenders. Grants must supplement, not replace, existing funds, and the same data reporting obligations apply during the grant period.
- 4Studies and best practices: The Act requires a caseload study and a separate compensation study. The caseload study analyzes data to publish best practices for caseload limits and competent representation. The compensation study compares public defender and panel attorney salaries to prosecutor salaries and provides compensation recommendations. Studies are to be conducted after the first year and updated at least every five years, with appropriate appropriations.
- 5State data collection and incentives: States receiving federal funds under specified crime control programs may voluntarily submit data on the representation of defendants by public defenders or panel attorneys, broken down by most serious charge, secondary charges, and defendant demographics. States can receive a 5% funding increase to support data collection and reporting to the Office for Access to Justice.
- 6Defender education and training: The Act authorizes grants to eligible entities (including certain nonprofits and government-funded bodies) to provide comprehensive educational programs for public defenders and panel attorneys, covering ongoing training, pretrial and trial skills, client-centered practices, implicit bias, leadership development, and ongoing support.