In brief
The U.S. District Court in New Mexico has temporarily suspended the death penalty proceedings against Labar Tsethlikai, as funding for specialized public defenders has run dry due to a federal government shutdown. Tsethlikai, accused in serious crimes involving kidnappings and two fatalities, pleads not guilty. The shutdown has raised concerns over the impact on defense attorney resources and constitutional rights for defendants.
SANTA FE, N.M. (AP) — A judge in New Mexico has halted a federal death penalty case, citing the pinch of the U.S. government shutdown and a funding shortfall for specialized public defenders that stretches back to the summer. The Trump administration in July announced plans to seek the death penalty for Labar Tsethlikai in connection with a string of kidnappings that involved sexual abuse and two deaths — a hallmark case in efforts to bring justice for missing and murdered individuals in Native American communities. The 52-year-old defendant from Zuni Pueblo has pleaded not guilty.Death penalty cases are especially costly to prepare, and the delay in Tsethlikai’s case provides an early warning about escalating impacts of the shutdown on the judiciary. “If you want to pursue the death penalty, you can’t do it without funding the defense,” said attorney Ryan Villa, who coordinates a panel of court-appointed defense attorneys in New Mexico.The push by Trump’s administration to reinstate federal capital punishment follows a moratorium imposed by the Biden administration. Of the 23 cases authorized by Attorney General Pam Bondi, eight were struck down by courts and Tsethlikai’s is the only one temporarily halted due to the shutdown.Villa cautioned that court-appointed defense attorneys in New Mexico are turning away from indigent case work to pursue more reliable pay, making delays more likely as defense teams struggle to meet constitutional obligations. The federal judiciary has indicated that funds for appointing defense attorneys ran out in early July, affecting about 40% of federal defendants nationwide who cannot afford an attorney.The October start of the federal budget year brought the shutdown instead of relief, with Milagros Cisneros, a supervisory assistant federal public defender in Arizona, stating, “It’s not just their own fees being withheld, but also payment to investigators, interpreters, transcriptionists, experts.” Many federal judiciary employees, including those for public defenders, are slated to receive the last guaranteed paycheck of the shutdown soon.In his ruling to halt Tsethlikai’s case, U.S. District Court Judge David Herrera Urias asserted that “the right to a defense is one of the bedrock principles of this country,” emphasizing that the shutdown is significantly obstructing defendants' access to legal counsel. Public defenders have voiced concerns about their ability to conduct thorough investigations without proper funding, with some team members resorting to personal savings for support.The crisis extends beyond New Mexico as messages from federal courts, such as those in California, indicate that many court-appointed defense attorneys are in limbo, unable to accept new cases during the shutdown. A recent motion in California highlights the consequences of the funding impasse, demonstrating the urgent need for resolution to continue serving justice.
