Yes, a state or territory, including the District of Columbia, without eligible public defenders may still apply for JRJ funding. If a state does not have eligible “public defenders” (as defined by the JRJ statute) that state’s loan repayment disbursements will go to state and local prosecutors, by default. The state must still ensure a fair allocation of repayment benefits among prosecutors and public defenders wherever applicable. States should note that certain federal public defenders are eligible beneficiaries under the JRJ statute. Every state has full- time federal public defenders who practice within that state. Thus, the absence of eligible state or local “public defenders” will not, in and of itself, absolve the state from ensuring a fair allocation between eligible prosecutors and public defenders.
As described in the JRJ solicitation, applicants must describe the JRJ agency’s plan to consider a fair distribution of funding.