In Boston and neighboring Middlesex County, over 50 people are currently being detained without legal representation as bar advocates in Massachusetts continue to decline new cases due to ongoing disputes over pay. According to the Massachusetts Association of Criminal Defense Lawyers, the number of individuals unrepresented in Boston and Middlesex County has surpassed 240, indicating a deepening crisis within the state’s legal system.
As of last week, around 40 individuals in Boston were held without a lawyer, while more than 150 are waiting for court-appointed attorneys. In Middlesex County, which includes Cambridge, 16 people are without legal counsel, and 90 others are pending representation. The association warned that these figures suggest there are many more in custody without legal support across the state.
Shira Diner, the association’s president, characterized the situation as a “full-blown constitutional breakdown,” emphasizing that the right to counsel is fundamental to the justice system under the Sixth Amendment and the Massachusetts Declaration of Rights. Diner highlighted the implications of individuals being jailed without legal representation, stating, “When people are jailed without lawyers, the system ceases to be just — or constitutional.”
Bar advocates, who are private attorneys representing individuals that cannot afford legal help, have refused new cases due to disputes over compensation, with the pay for these advocates being described as significantly lower than that of their counterparts in nearby states. The Massachusetts Association of Criminal Defense Lawyers noted that this unsustainable pay structure has led to a shortage of experienced attorneys, contributing to the growing number of individuals left in legal limbo.
State law stipulates that anyone held without representation for over seven days must be released, posing a dilemma for courts either to violate a person’s constitutional rights or release them without due process. Diner warned that many accused individuals are unable to build their cases effectively, facing uncertain futures as they remain incarcerated.
A representative from the trial courts mentioned that efforts are underway with the Committee for Public Counsel Services (CPCS) to mitigate disruptions due to the bar advocates’ work stoppage, which is critical since bar advocates represent around 80% of criminal defendants in Massachusetts who lack attorneys.
This situation highlights the urgent need for reforms within the legal system to ensure that every individual, regardless of financial status, has access to proper legal representation, thus maintaining the integrity of the justice system. It is hopeful that ongoing discussions may lead to a resolution that strengthens the legal support for those in need.