In Massachusetts, a prolonged strike by attorneys representing low-income defendants has led to judges taking action by releasing individuals accused of crimes due to a lack of legal representation. The ongoing work stoppage, which began in May, has raised significant concerns among lawmakers about public safety and the fundamental rights of defendants.
Democratic leaders on Beacon Hill, particularly those involved in the state’s Judiciary Committee, have been critical of the attorneys’ decision to halt work without first engaging in direct negotiations with legislators regarding their pay rates.
Sen. Lydia Edwards, a Boston Democrat and co-chair of the Judiciary Committee, expressed frustration about the situation. She noted that the state would require a substantial financial allocation, possibly amounting to tens of millions of dollars, to address the attorneys’ requests for increased compensation at a time when the state is already experiencing budgetary uncertainties.
“There are a lot of ripple effects to not having a defense attorney, not just public safety, but also hurting people who didn’t do anything wrong,” Edwards stated. “They have gotten our attention. What I would love to see is them get back to work in good faith, and a commitment from us in good faith to work on an increase in their wages.”
As the attorneys’ strike continues, judges have resorted to releasing defendants, including those accused of serious offenses. This action follows an emergency protocol enacted by the state’s highest court that permits the release or dismissal of cases for indigent defendants without access to counsel.
Rep. Michael Day, a Stoneham Democrat and co-chair of the Judiciary Committee, stressed that the right to a fair trial is a foundational element of the government, and access to competent legal counsel is integral to that right.
“As a lawyer and lawmaker, I am distressed that these attorneys have chosen to make access to the right to counsel more difficult and are attempting to use indigent residents as leverage rather than engaging directly with us over how much money they make an hour,” Day remarked.
Lawyers who take on criminal cases for impoverished defendants argue that Massachusetts offers some of the lowest hourly rates in the entire region for such work. Approximately 2,800 lawyers, identified as bar advocates, serve around 80% of individuals unable to afford legal representation.
Shira Diner, a board member and former president of the Massachusetts Association of Criminal Defense Lawyers, acknowledged the financial challenges faced by the state but highlighted the critical importance of having attorneys present in courts.
“This is not like a luxury item to add on that would be nice for some people. This is what we need to make sure the system, our criminal legal system, actually functions,” Diner told the Herald. “The situation is urgent because it’s not going to end until the rates go up, and it’s just something the state is going to have to figure out a way to make the numbers work to increase the payment.”
Despite understanding the urgent need for negotiations, state lawmakers criticized the attorneys for engaging in what they termed a “preemptive work stoppage” amid ongoing discussions surrounding pay.
Senate budget chief Michael Rodrigues indicated that the attorneys need to return to work and engage in constructive dialogue directly. He noted that awareness of the pay dispute became evident to lawmakers only weeks ago.
“(It highlighted) a need for productive conversations about both the rate of pay and the utilization of an equitable and sustainable system. The advocates withholding representation from indigent defendants, who are Constitutionally guaranteed the right to an attorney and legal due process, are grinding the wheels of justice to a halt in an effort to force an increase in their own pay,” Rodrigues expressed.
In response to the situation, Diner stated that discussions about increases for bar advocates have been ongoing for years. The Committee for Public Counsel Services, the agency in charge of overseeing public defenders and compensating bar advocates, routinely requests adjustments to their payment rates.
“We’ve been talking about this for years,” Diner said. “Every year, (CPCS goes) to the Legislature, and every year they ask for increases in both their operating costs, which is one line item, but also increases in the bar advocate pay rates to go up. And so CPCS has been advocating for rate increases for years.”
Earlier this year, during testimony to lawmakers, CPCS Chief Counsel Anthony Benedetti stated that the organization desired “a modest increase in hourly rates for private attorneys.”
“While the Legislature provided meaningful increases to the hourly rates in FY22 and FY23, we are extremely grateful for that. However, despite these increases, already depressed rates have not kept pace with inflation, disincentivizing attorneys to join panels and attorneys who are on panels to take more cases,” Benedetti explained.
Lawmakers had the ability to boost hourly rates for attorneys as part of the fiscal year 2026 budget signed by Governor Maura Healey last week.
Sen. Liz Miranda proposed an amendment during the Senate’s budget deliberations that would have significantly raised pay for bar advocates by $35 an hour. However, she withdrew this proposal just days before the work stoppage began in May.
Instead, the Senate supported an amendment proposed by Edwards that increased rates for lawyers handling homicide cases from $120 to $130 an hour, those representing defendants in Superior Court from $85 to $90 an hour, and lawyers addressing mental health cases from $65 to $75 an hour.
However, a compromise budget finalized by Rodrigues and his House counterpart ultimately omitted these rate changes and even reduced the funds allocated for private counsel compensation from $215 million in the previous fiscal year to $213 million for the upcoming year.
Lawmakers also allocated the same amount, $89 million, to the Committee for Public Counsel Services as it received in fiscal year 2025.
The Massachusetts Association of Criminal Defense Lawyers has publicly condemned legislators for failing to incorporate a rate increase in the final budget for fiscal year 2026.
“The chronic underfunding of indigent defense not only undermines the right to counsel guaranteed by the Sixth Amendment but also perpetuates systemic inequities in our justice system,” the association stated in a letter to lawmakers. “This year’s budget was a critical opportunity to invest in fairness, justice, and the essential infrastructure of public defense.”
Edwards reflected on the defendants caught in the dispute, expressing her frustrations that their needs are not being prioritized in this negotiation process.
“I feel like no one is prioritizing them,” she remarked. “That is a real, deep anger. I have gotten calls from police at this point. I get calls from my colleagues. We need to be centering this. And this constitutional right to have someone stand with you when you are accused of crimes isn’t conditioned on whether lawyers are paid a lot.”
image source from：bostonherald
