Criminal Charges Dropped for Dozens in Massachusetts Due to Legal Counsel Shortage
Boston, MA – A shortage of court-appointed attorneys is leading to the dismissal of criminal charges across Massachusetts, with at least 25 cases dropped on Tuesday alone due to the inability to secure legal depiction for the defendants. This situation stems from an ongoing strike by bar advocates – private attorneys who take on cases for defendants unable to afford counsel when public defenders are unavailable.
According to the Suffolk County District Attorney‘s office, the dismissals occurred because no lawyer could be found to represent the individuals, triggering a legal protocol designed to protect defendants’ rights. These advocates represent approximately 80% of indigent criminal defendants in the state.
The current work stoppage began in May,as bar advocates demand increased compensation. They currently earn $65 per hour and are seeking $100 per hour, a rate they argue remains lower than what attorneys are paid for similar work in neighboring states.
The situation is governed by the “Lavallee protocol,” established following a 2004 Supreme Judicial Court decision (Lavallee v.Justices in the Hampden Superior Court). This protocol dictates that defendants who cannot afford an attorney and are not provided one by the state cannot be held in custody for more than seven days, and charges must be dismissed after 45 days. The state’s highest court recently ordered prosecutors to begin releasing unrepresented defendants and initiating charge dismissals in early July.
Prior to Tuesday, over 120 charges had already been dropped.The District Attorney’s office intends to refile these charges once legal counsel becomes available.
A recently passed supplemental budget included a provision for a $20 per hour raise for bar advocates over the next year, along with funding for 300 additional public defenders. However, the advocates have rejected this offer, deeming it insufficient.
Sean delaney, a leading advocate for higher pay, stated that the strike will continue until wages are brought in line with those offered in surrounding states.
District Attorney Kevin Hayden acknowledged public safety concerns but emphasized his office is adapting to the circumstances. “We’re working through itโฆwe’re just going to keep doing our job and doing it to the best of our ability,” he said.
Published: August 5, 2025, 4:36 PM EDT