Massachusetts Dismisses Criminal Cases Amid Lawyer Pay Disputes
A recent report indicates that more than 500 criminal cases have been dismissed in Massachusetts, stemming from ongoing disputes over pay between the state and defense attorneys.
Specifically, the Chelsea District and Municipal Courts in Boston have dropped 206 cases in Suffolk County and 369 cases in Middlesex County. This situation is fueled by the state’s decision to pay lawyers $65 per hour to represent clients in district court, leading many attorneys to refuse additional work until their rates increase to $100 per hour.
In response to this shortage of legal representation, the Massachusetts Supreme Judicial Court implemented what they’re calling the “Loverly Protocol.” According to reports, if a defendant isn’t assigned counsel within 45 days, they could be released after seven days without having their criminal case dismissed. Prosecutors can, however, revive the charges against those whose cases were dropped at a later time.
Private attorneys are currently managing about 80% of cases for defendants who cannot afford representation, a sharp contrast to the rates in neighboring states like Maine, New Hampshire, and Vermont, which pay their attorneys $150, $125, and $100 respectively.
Jennifer O’Brien, a lawyer in Middlesex County, expressed concerns about the situation, stating, “We’re trying to save this program because at this rate, half of what cross-border states are paying, no one in Massachusetts is going to do this job anymore. That’s a risk that Congress is taking.”
In early August, Massachusetts Governor Maura Healy approved a $10 wage increase for state-appointed defense attorneys, with an additional $10 set to be added in 2026. This new law allocates $40 million to recruit around 320 new public advocates, aiming to reduce reliance on private lawyers.
On a slightly positive note, the state’s Public Security Director reported a decline in violent crimes for 2024, with murders decreasing from 149 in 2023 to 132, and overall attacks falling from 17,835 to 16,813.
