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Pennsylvania Public Defense System Is Unconstitutional, Underfunded by at Least $100M, New ACLU Suit Says

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Pennsylvania Public Defense System Is Unconstitutional, Underfunded by at Least 0M, New ACLU Suit Says


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HARRISBURG — Pennsylvania has failed to live up to its constitutional responsibility to provide an effective defense to people who can’t afford attorneys and will need to spend at least $100 million to fulfill this obligation, the ACLU of Pennsylvania said in a lawsuit filed Thursday.

The group brought the suit on behalf of 17 people facing issues including little to no contact with the public defenders they are entitled to, according to the lawsuit.

It was also filed on behalf of all current and future indigent people, those accused of a crime and unable to pay for a private defense attorney. If the court approves this group as a class, any outcome will extend to all of those affected.

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The suit blames the state, not the counties, for failing to properly fund these constitutionally mandated services and names Democratic Gov. Josh Shapiro, state Senate President Pro Tempore Kim Ward (R., Westmoreland) and state House Speaker Joanna McClinton (D., Philadelphia) as defendants.

At the moment, Pennsylvania only provides $7.5 million to support indigent defense. Counties must make up the rest with limited local funds, and public defenders’ offices are often shut out from funding opportunities available to prosecutors, the suit asserts citing Spotlight PA reporting.

The suit asks Commonwealth Court to rule the current public defense system unconstitutional and retain oversight until the state fully complies with the constitutional right to counsel.

Rather than seeking damages for specific plaintiffs, the suit is pursuing holistic reform, said ACLU of Pennsylvania Legal Director Vic Walczak.

“You’re trying to change how an institution works — here we’re actually talking about how 67 institutions work,” he told Spotlight PA.

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Should the court rule in favor of the petitioners, Pennsylvania officials will likely have an opportunity to propose a remedy in consultation with the ACLU of PA. The process will take years, Walczak said.

In a statement to Spotlight PA, Ward spokesperson Erica Clayton said the senator had yet to receive the lawsuit and would need time to review it before commenting.

McClinton spokesperson Nicole Reigelman wrote that “McClinton started her career as a public defender and knows firsthand the value that indigent defense plays in the judicial system.”

Shapiro spokesperson Manuel Bonder, also in a written statement, highlighted the governor’s proposed and ultimately approved funding for public defense in the 2023 budget.

“Governor Shapiro is the first to acknowledge there is a long way to go — which is why he is focused on delivering real results on this critically important issue,” Bonder wrote.

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Shapiro is reviewing the complaint and cannot comment further, Bonder said.

The result of the inadequate support is a system in which too few attorneys are responsible for too many cases, and ultimately cannot provide the level of defense the U.S. and Pennsylvania Constitutions demand, attorneys for the petitioners said at a news briefing Thursday morning.

“The right to counsel is not just the right to a warm body with a law degree standing next to you,” Walczak said during the briefing. “It requires a professional who has the time and resources to prepare an adequate constitutional defense.”

Pennsylvania has not provided consistent funding for indigent defense until this year. Instead, state law has made it the sole responsibility of each of the 67 counties to pay for the federal mandate, a burden many are unable to meet.

In 2023, Shapiro proposed $10 million in state funding for public defense, with the promise of consistent funding in the years to come. The legislature ultimately approved $7.5 million in December, giving most public defenders’ offices their first-ever infusion from the state. Shapiro asked lawmakers to increase that allocation to $10 million in his 2024 budget proposal.

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The legislature also created a committee to allocate the money and establish statewide standards for public defense, which previously had not existed. In April, the committee announced each county’s allotment, which ranged from about $90,000 for Potter County to $141,000 for Philadelphia.

But even with this new support, each county’s allotment will not be enough to make up the deficit public defender’s offices face, according to the lawsuit, or even the playing field with prosecutors.

To reach parity with average national spending per capita, or with similar states, Pennsylvania would have to allocate hundreds of millions of dollars, the lawsuit argues, a level of spending that counties cannot accomplish on their own.

“Counties do not have the means to raise revenue in the way the state does,” Walczak said, noting counties also have to pay for competing and more politically attractive public services such as education, health and law enforcement.

“You’re talking about an agency, the office of the public defender, that serves a constituency that has no political clout,” he said. “By definition, they’ve got no resources. So, over the course of the last 50 years, indigent defense services have declined persistently.”

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The ACLU of PA alleges that public defense is likely underfunded and inadequate in every county, citing a recent study from researchers at the University of Pennsylvania, and singles out some of Pennsylvania’s rural and sparsely populated counties as particularly unequipped to handle their criminal caseload.

Many of the named petitioners have been incarcerated for months, according to the complaint, but received no contact from a public defender despite attempts to reach out. Others saw attorneys they had never met make legal filings or dismissals with their apparent consent, though none was ever secured.

The suit alleges a part-time public defender in Clearfield County asked petitioner David McCauley to pay him $3,500 for private representation. When McCauley declined, the same attorney showed up to a later hearing as no-cost counsel on behalf of the county public defender’s office.

“We don’t endorse the practices laid out in the complaint,” said Sara Jacobson, executive director of the Public Defender Association of Pennsylvania. “That’s not what clients deserve, but that’s also not what public defenders want to be able to provide.”

When there aren’t enough people available to handle the caseload, attorneys have to triage cases, Jacobson said, because that’s all their funding allows.

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The complaint describes a man in Lebanon County trying repeatedly to reach his public defender by mail, only to be awoken one night after seven months of incarceration for a midnight meeting with an attorney.

“Of course that’s awful,” Jacobson said. “I know that public defender, though. She had been at the prison until 2 a.m. because she was in court all day.”

BEFORE YOU GO… If you learned something from this article, pay it forward and contribute to Spotlight PA at spotlightpa.org/donate. Spotlight PA is funded by foundations and readers like you who are committed to accountability journalism that gets results.



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House Republicans stall activity, Pennsylvania Rep. Meuser calls tactics ‘foolish’ | Fox Business Video

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House Republicans stall activity, Pennsylvania Rep. Meuser calls tactics ‘foolish’ | Fox Business Video


House Speaker Mike Johnson sent representatives home early as hardline Republicans stalled floor activities, demanding action on the SAVE America Act. President Donald Trump posted on Truth Social, urging House Republicans to unify and avoid giving power to Democrats. Rep. Dan Meuser (R-PA) labels the stalling tactics ‘foolish,’ emphasizing the need for legislative progress and appropriations.



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Measles detected in two more counties in Pennsylvania as health department recommends early vaccination

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Measles detected in two more counties in Pennsylvania as health department recommends early vaccination


Pennsylvania health officials have now detected measles cases in York and Northumberland Counties as cases in Lancaster County, the center of an ongoing outbreak, continued to rise.

And the state health department is now recommending early measles vaccinations for infants beginning at 6 months in affected areas in an effort to protect them against the spread of the highly contagious disease, which is particularly risky for young children. The same precautions should be taken by families with infants traveling to these areas.

Six Pennsylvania counties have now seen measles cases since an outbreak was first confirmed in Lebanon County in April. In all, the state has reported 81 measles cases across eight counties in 2026, more than five times the cases reported in 2025.

State health officials said it was too early to tell how the latest cases in York and Northumberland Counties are connected to others in the region, but that contact tracing investigations are continuing. All cases were among people who had not received at least two doses of the measles, mumps, and rubella (MMR) or whose vaccination status was unclear.

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As of Wednesday, six cases had been confirmed in Northumberland County, to the north of Dauphin County, and one case had been detected in York County, along Lancaster’s western border.

Lebanon County has reported 20 cases and Dauphin and Berks Counties have reported two cases each.

Lancaster County has seen 38 cases of measles since late April, with health officials confirming seven cases in the last two weeks. The area was at the center of a prior measles outbreak in January, when state health officials confirmed eight cases in Lancaster County and an additional four between Chester and Montgomery Counties.

Vaccination rates among kindergarteners have decreased across Pennsylvania in recent years, and some counties affected in the current outbreak have particularly low rates, including Lancaster, where about 88.5% of kindergarten students are vaccinated. Health experts say that 95% of a community must be vaccinated to prevent the spread of the disease.

Health officials have been conducting contact tracing to detect as many cases as possible. In the current outbreak, they have twice warned Lancaster residents that they could have been exposed to measles.

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Shoppers and employees at a local Kohl’s were potentially exposed to the virus over four days after a staffer tested positive in late May, LancasterOnline reported. And a person with measles visited the Lancaster County Courthouse on June 3.

But doctors in Lancaster County say they fear some measles cases are going unreported, either because patients don’t understand the importance of tracking measles cases or because they fear repercussions.

No cases have been confirmed in the Philadelphia region during this outbreak. But Delaware County health officials said last week that they had detected measles in two wastewater samples, indicating that someone with measles had used a bathroom connected to the county’s public water supply. It was unclear if that person lived in the county or was passing through.

Early vaccination recommended

On Wednesday, a statewide health alert urged physicians to accelerate vaccination schedules to protect children against measles. Officials had said they were considering the measure earlier this month as cases continued to rise.

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Measles can infect nine in 10 unvaccinated people who are exposed to it, and can linger in the air for up to two hours and incubate in patients for three weeks. The disease typically presents with a fever and a rash but can cause brain inflammation and pneumonia in serious cases.

Typically, children receive the first of two MMR vaccines at 1 year old, then a second between 4 and 6 years old.

But children as young as 6 months can receive an additional “dose zero” to protect them from the disease amid an outbreak. In its alert, the state health department said parents should vaccinate infants between 6 and 11 months with the “dose zero” if they live in affected areas or if they’re planning to travel there.

Those children should then receive additional MMR doses at 12 to 15 months and 4 to 6 years.

This “dose zero” is less effective than doses given at 1 year old, officials cautioned. But it’s 58% effective against measles when given at 6 to 8 months, and 83% effective when administered at 9 to 11 months.

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“Early MMR vaccination is safe and provides modest protection when measles is spreading,” officials wrote in the alert.

Children older than 12 months who haven’t been vaccinated should get an MMR dose immediately, and a second 28 days later, health officials said. Unvaccinated adults, or those without evidence of immunity, should also get two MMR doses.

And anyone who has received one dose of the MMR vaccine in the past should get a second at least 28 days after their first, officials said.

Usually, children who received a first dose at around 12 months wait to get their second dose until they’re 4 to 6 years old. But in an outbreak situation, those children should get their second doses early — at least 28 days after their first shot.

Adults born before 1957 are typically considered immune, but healthcare workers in that age group who don’t have lab evidence of immunity or prior infection should consider getting vaccinated, state officials said.

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Adults who received an inactivated measles vaccine between 1963 and 1967 are considered unvaccinated during an outbreak, and should also get two doses of the current MMR vaccine.

Pregnant people, people with severely weakened immune systems, and people who have a history of experiencing severe allergic reactions, like anaphylaxis, to a vaccine ingredient or to a previous dose of MMR cannot receive the vaccine.



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The Dish: Caesar salad with a twist from Rivertown Taps in Phoenixville, Pa.

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The Dish: Caesar salad with a twist from Rivertown Taps in Phoenixville, Pa.


PHOENIXVILLE, Pa. (WPVI) — We are heading to Rivertown Taps in historic Phoenixville, Pennsylvania, to make a classic fan favorite, Caesar salad.

And when they say “taps,” they mean it.

There are dozens of drinks, beer and beyond, on tap at Phoenixville’s first self-serve drink tap wall.

“Phoenixville has always been a very beer-centric town, and we’re beer-centric people, so we wanted to have a really curated selection,” says Chef Owner Lewis Leiterman. “We have 36 drinks on tap.”

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Just grab a charge card, choose your glassware and choose your own adventure.

“You pay for whatever you pour by the ounce,” says Leiterman. “You can pour as much or as little as you like.”

The building dates back to the 1800s, and Leiterman made sure to preserve pieces of that history, while bringing something super fresh to the strip.

“We make pastas from scratch,” he says. “We extrude all of our own pastas in house. We do all of our fresh-filled pastas all by hand. We make all our own breads. Everything that’s in here is from scratch.”

The mission includes a commitment to locally sourced food.

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Today, we’re making a house favorite: the Caesar salad – with a twist.

“I hate chasing croutons around a salad, like, the fork never kind of sticks into it,” says Leiterman. “We still wanted that crunch factor, like the classic crouton, but different. What we did was we took some of our old bread and we kind of toasted it up and made a coarse panko texture.”

It’s becomes a universal crouton that makes its way throughout the salad.

“We like to feature seasonal vegetables in our Caesar salad, just for a little bit more flavor and nutrition,” says Leiterman.

He grills up some nice asparagus, and then adds some protein.

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“I love a soft boiled egg on a salad to add more sustenance to a salad and a little bit of heartiness to it,” he says.

The build starts with a mix of greens, like red romaine and red watercress.

The dressing gets a gourmet kick.

“We do a black garlic and truffle Caesar,” he says. “We don’t like to overdress it. My pet peeve is those thick Caesar dressings.”

Add the asparagus to gently warm the salad, shave on some Parmigiano Reggiano cheese, add the soft boiled egg and finally, the breadcrumbs.

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