Audit Reveals Major Pay Disparities and Oversight Failures in Israel's Public Defense Service

Israel's Public Defense Service provides legal representation in criminal cases for suspects and defendants who cannot afford private counsel. It employs about 150 internal public defenders as state employees, but the majority of legal representation is outsourced to approximately 760 external private defenders who handled tens of thousands of cases between 2022 and 2024. A recent State Comptroller report highlights a striking and unjustifiable wage gap between external public defenders and external prosecutors employed by the state in other legal fields such as planning, business licensing, and environmental offenses.

From 2010 to 2024, fees paid to external prosecutors increased by 79%, while fees for external public defenders rose only 21%, matching inflation. For example, in 2024, an external prosecutor received 3,750 shekels for case preparation and negotiation, compared to 1,695 shekels for a public defender; for substantive hearings, prosecutors earned 2,200 shekels versus 551 shekels for defenders; and for written summaries, prosecutors were paid 2,300 shekels while defenders received only 551 shekels. The report warns that these persistent disparities could discourage defenders from working with the Public Defense Service and reduce their investment in client representation.

The audit also found significant deficiencies in verifying clients' financial eligibility for public defense services. Regional offices failed to conduct any sample checks to confirm the accuracy of financial information provided by detainees. Consequently, the report concludes that public defense services may have been provided to individuals who were not financially eligible.

Regarding complex economic crime cases, which number about 20 to 30 annually, external defenders receive special fees, including substantial payments for case material review, approximately 850,000 shekels in 2023 and 540,000 shekels in 2024. Since these defendants are presumed financially capable, the Public Defense Service has sought legislative changes to allow partial cost recovery from clients who choose public defense representation, subject to financial ability assessments. However, disagreements among the Ministry of Justice, the Enforcement and Collection Authority, and other bodies have stalled progress on this reform since 2022. As a result, public funds continue to subsidize legal defense for financially capable suspects and defendants.