As private attorneys continue their work stoppage in pursuit of better pay rates, the state has taken significant measures to alleviate a backlog of criminal cases, which at one point swelled to thousands. By hiring more staff attorneys and offering financial incentives, the state has successfully managed to reduce the number of cases awaiting legal representation. Prior to these actions, courts in Suffolk and Middlesex counties hadn’t conducted hearings to release defendants or dismiss cases due to a lack of available attorneys.
Currently, any indigent criminal defendant requiring a lawyer can obtain one without delay. This response to the shortage of bar advocates demonstrates a temporary success, but advocates caution that the crisis is not fully resolved. The monetary incentives employed by the state are set to expire at the end of March, leaving uncertainty about the situation once they are no longer available. Shira Diner, a former president of the Massachusetts Association of Criminal Defense Lawyers, warns that the system is still precarious.
The state has been proactive in addressing the lawyer shortage, with the Committee for Public Counsel Services (CPCS) actively hiring staff public defenders. Historically, CPCS public defenders managed approximately 20% of indigent cases, relying predominantly on 2,500 bar advocates for the remainder. This scenario represents a departure from the practices in many other states, which tend to depend more heavily on staff attorneys.
Recent efforts have resulted in the hiring of 57 attorneys over the last four months, with plans for an additional 50 to 60 new hires this year. The goal is to significantly bolster staffing levels and reduce the reliance on private attorneys, thus mitigating the risk of similar work stoppages in the future.
The work stoppage, initiated in late May, highlighted inadequate pay rates for defense attorneys, with compensation at $65 per hour for district court work, far below the rates in neighboring states. Advocates called for a $60-per-hour increase over two years. In the wake of the stoppage, many defendants faced arraignment without legal representation, infringing on their Sixth Amendment rights.
In response to this crisis, the Supreme Judicial Court implemented the Lavallee protocol to safeguard the rights of the accused, setting time limits for representation. Over 1,600 cases were dismissed, and nearly 200 individuals were released during this period, illustrating the dire consequences of the attorney shortage.
Legislative changes have since provided a $20 hourly raise for bar advocates and sanctioned substantial increases in CPCS funding, aimed at expanding staffing and ensuring a more robust public defender system. Though the state has taken commendable steps toward resolution, leaders like Sean Delaney assert that ongoing advocacy is essential to prevent future disruptions and to improve conditions for private attorneys.
With continued commitment from state leaders and the legal community, there remains hope for a more equitable system that meets the needs of defendants while supporting those who represent them. The actions taken reflect a recognition of the importance of fair representation in maintaining justice for all.