Massachusetts lawmakers have reached an agreement on a budget that includes increased funding for court-appointed lawyers, possibly ending a work stoppage that began in May. The deal, which awaits governor Maura Healey’s signature, allocates approximately $40 million to bolster the state’s public defender system.
The funding is intended to hire over 300 new public defenders by the end of fiscal year 2027.This initiative aims to shift a greater portion of the caseload from private bar advocates to state-employed public defenders, thereby increasing the depiction of clients by public defenders. The agreement also includes provisions to ensure that bar advocate compensation better reflects the value and essential nature of their work in protecting clients’ rights.
“I’ve said for a long time that this work stoppage is bad for public safety and for the functioning of our courts,” Governor Healey stated. “This agreement is a positive progress, and I’m grateful for the Legislature’s work.”
Background of the Work Stoppage
The work stoppage by bar advocates commenced in May, driven by demands for improved compensation. The dispute led to critically important disruptions in the judicial system. Last week, a judge dismissed over 100 cases, citing the prolonged absence of legal representation for defendants. These defendants had been without counsel for at least 45 days,a situation that triggered the dismissal under a rule known as the Lavallee Protocol. Previously, defendants had been released from custody after seven days without a lawyer.
The cases affected by the dismissals primarily involved minor offenses such as shoplifting, drug possession, and traffic violations. However, the scope also included individuals facing more serious charges, including assault and battery and drug dealing.
