‘When public defenders are punished for refusing unconstitutional workloads, the right to counsel becomes a right in name only.’

FOR IMMEDIATE RELEASE: April 22, 2026
MEDIA CONTACT: PDR-MediaRelations@sfgov.org

Clarence Earl Gideon, pictured above, of the landmark Gideon v. Wainwright case, in which the U.S. Supreme Court held that states must provide lawyers to people facing criminal charges who cannot afford them.

**PRESS RELEASE**

SAN FRANCISCO — Joining with public defenders across the country, San Francisco Public Defender Mano Raju is calling on everyone who supports the Constitutional right to counsel to wear black on Thursday, April 23 to show solidarity with public defenders.

“The San Francisco Public Defender’s Office remains unwavering in our constitutional duty to provide effective assistance of counsel to every person we represent,” said Raju. “We serve a unique role in our justice system as guardians of due process. Having excessive workloads is a conflict of interest for our existing clients, which is why declaring ourselves unavailable in a limited number of new cases is what’s necessary for us to meet our constitutional obligations.”  

Thursday’s action will bring attention to rising caseloads and will demonstrate solidarity among public defender offices that are understaffed, underfunded, and overburdened across the country. In San Francisco, active cases have risen 65 percent since 2019—due in part to cases being mischarged or overcharged and ever-expanding surveillance evidence to review. A judge recently held Public Defender Raju in contempt of court and fined him $26,000 for refusing to accept new cases once a week due to high workloads. An appellate court has stayed that order while Raju appeals. 

“Wearing black marks a constitutional breaking point,” said Alameda County Chief Defender Brendon Woods. “When public defenders are punished for refusing unconstitutional workloads, the right to counsel becomes a right in name only. It means nothing unless that lawyer has the resources to fight your case.”

The right to counsel is guaranteed by the Sixth Amendment to the U.S. Constitution. In Gideon v. Wainwright, the U.S. Supreme Court held that states must provide lawyers to people facing criminal charges who cannot afford them. Yet public defender offices are chronically underfunded, especially compared to district attorneys and police departments. Even with a steady rise in filed criminal cases in recent years—both in number and complexity—public defender budgets have not increased accordingly. California is one of the only states that does not provide guaranteed, ongoing state funding for trial-level public defense.

Every day across the country, poor people are disproportionately prosecuted, take unfair plea deals, and are unjustly punished because public defenders lack adequate staffing and resources. Public defenders carry workloads far higher than the standards set by the National Public Defense Workload Study. That is why states like Washington and Oregon have recognized that excessive caseloads make effective representation impossible. California’s Public Defense Workloads and Staffing Report, issued pursuant to AB 625, also calls for more public defenders, social workers, investigators, and support staff.

“What’s happening in San Francisco is a preview of what will happen in other counties unless we get more funding,” Woods said. “We can’t protect our clients’ rights without proper resources. Our society and our safety will suffer, especially our overpoliced and vulnerable Black, Brown and immigrant communities.” 

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