Massachusetts lawmakers pass bill that includes pay raise for public defenders amid legal crisis

BOSTON (AP) — Massachusetts lawmakers on Thursday passed a funding bill that includes a pay raise for public defenders as part of an effort to end a legal crisis that led to dozens of cases being dropped and defendants getting out of jail

But hours before the vote, the deal was criticized by private attorneys who handle a bulk of cases for indigent clients, raising doubts as to whether the pay raise will be enough to end a work stoppage public defenders launched in May.

The dispute over funding, which has played out in several states across the country, has led to more than 100 cases being dropped, including some for serious crimes such as domestic abuse and assaulting a police officer. More than 60 defendants have been released from jail because they had no legal counsel. As many as 3,000 defendants have been without attorneys.

The $259 million supplemental budget includes $40 million to double the number of attorneys who work for the state Committee for Public Counsel Services and allows for hiring 320 more public defenders by the end of fiscal 2027. It also would raise the hourly rate paid to private attorneys who work as public defenders by $20 an hour over two years, a 30% increase.

“This agreement is focused on balancing fiscal responsibility amid ongoing uncertainty, paying the bills, and upholding our Constitutional obligation to ensure indigent defendants have access to legal representation,” Democratic Sen. Michael Rodrigues, chair of the Senate Committee on Ways and Means, said in a statement.

The committee’s chief counsel, Anthony Benedetti, applauded the funding increase and called it “the most significant progress ever made toward improving Bar Advocate pay and strengthening the statewide right to counsel.”

But Sean Delaney, speaking at news conference surrounded by private attorneys who handle a bulk of cases, said the plan was inadequate and called on lawmakers to reject it. Many advocates, he said, would continue refusing new cases unless their rates are increased $35 an hour in fiscal year 2026 and $25 an hour the year after.

“I say to you today and to the leadership, we’re going nowhere,” Delaney said. “Your ridiculous proposal that you put forward yesterday has only strengthened our resolve.”

The challenges of the work stoppage were on display in a Boston courtroom last week, when case after case was dropped due to the Lavallee protocol. It requires cases be dropped if a defendant hasn’t had an attorney for 45 days and that the defendants be released from custody if they haven’t had representation for seven days.

Several of those cases involved assaults on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who she said threatened to kill her and tried to strangle her.

Earlier this month, a judge in Lowell struggled to balance the need for public safety with the requirements of the Lavallee protocol. Judge John Coffey considered more than a dozen defendants for release, choosing to keep the most serious alleged offenders — including a man accused of running down and badly injuring a police officer — behind bars.

He released at least three suspects, including a woman jailed for a probation violation. The woman, Edith Otero, 52, of Boston, yelled out: “Thank you, your honor. God Bless you.”

Outside the court, Otero said she had been in jail since the end of June and that it had been “very, very depressing” to attend court hearings without legal representation. She said she had a litany of health issues and it was “wonderful” to finally be out.

“I thank the Lord,” Otero said, speaking to reporters from a wheelchair.