Boston public defenders’ pay dispute leads to mass case dismissals
More than 120 criminal cases were dismissed Tuesday, July 22, in Boston Municipal Court as a standoff over public defender pay continues to disrupt courtroom operations. Boston Municipal Court Chief Justice Tracy-Lee Lyons dropped the cases, which ranged from assault charges to shoplifting and traffic violations, citing the ongoing shortage of legal representation for low-income defendants, according to The Associated Press.
Some of the dismissed cases involved serious charges, including assault on police officers and domestic violence, highlighting the impact of court delays.
More than 120 cases dismissed amid legal aid shortage
The dismissals weren’t due to a lack of evidence, but rather because the court couldn’t assign attorneys amid a pay dispute between the state and private defense counsel. Defense lawyers appointed through the state’s public counsel system, many of whom are bar advocates, have stopped taking new cases, saying current pay rates are too low to sustain their work.
Bar advocates are private attorneys who step in when public defenders aren’t available. The resulting shortage has caused delays in Suffolk and Middlesex counties, where hundreds of criminal cases could be dismissed in the coming weeks.
Lavallee protocol triggers mass dismissals
Justice Lyons used the Lavallee protocol, a court mandate that requires defendants held for seven days without a lawyer to be released, and allows for cases to be temporarily dismissed if no counsel is appointed within 45 days. Lyons said the dismissals were made “without prejudice,” meaning the charges can be refiled at a later date. She emphasized that public defenders had made a good-faith effort to find lawyers but couldn’t due to an ongoing pay dispute with the state.
Prosecutors have expressed frustration with the dismissals, warning they may pose risks to public safety, but said they plan to refile many of the cases once lawyers become available.
The state’s public defender agency is urging the Massachusetts Supreme Judicial Court to expand protections for defendants without legal representation.
In a brief filed on July 22, the Committee for Public Counsel Services (CPCS) asked a single justice to extend the Lavallee protocol to include juvenile courts in Suffolk and Middlesex counties. CPCS said more than 100 children across the state currently have open cases in juvenile court but no access to a lawyer, raising concerns about due process and legal fairness.
Budget leaves out proposed pay increases for defenders
The agency that oversees public defenders asked the state to raise pay for court-appointed attorneys, from $65 to $73 an hour in district court, $85 to $105 in Superior Court, and $120 to $150 for murder cases, over the next two years. But the $60.9 billion state budget signed by Gov. Maura Healey, D, on July 4, left those proposed increases out. Healey included coverage for housing, transportation and education, with a goal of making it more affordable.
Many public defenders, especially in district courts, have stopped accepting new cases since May, saying their pay is the lowest in New England. According to Boston news station WCVB, the Senate Ways and Means Committee chair said lawmakers are open to working with public defenders, noting that the work stoppage impacts defendants, victims and the justice system as a whole.
A spokesperson for Healey said due process must be protected and public defenders deserve fair pay. The governor urged all parties to work toward a resolution.
This challenge is not unique to Massachusetts. States like New York, Wisconsin and Oregon have also faced public defender shortages tied to low pay, leading to legislative efforts to increase funding and prevent court delays.
Ella Rae Greene, Editor In Chief
