Public Defense Strike Leads to Prison Releases in Massachusetts
Recent reports indicate that four individuals have been freed from Boston prisons as a result of a six-week strike by court-appointed public defenders. These individuals faced charges related to drug distribution and domestic violence.
Additionally, another 18 defendants are set for hearings scheduled for July 9. The charges against them range from fentanyl trafficking to assault and battery.
Lawyers in Boston and across Massachusetts have participated in strikes protesting conditions in public defense. This disruption has significantly slowed court processes. According to a recent order from a Deputy Massachusetts Judge, the Massachusetts Supreme Court has implemented the “Lavallee Protocol.” This protocol mandates that if a defendant lacks legal representation for over seven days, the court must dismiss their case. This led to the initial release of the four defendants earlier this week.
A full-time public defender in Massachusetts manages only about 20% of defense cases, while the remaining 80% are handled by “bar supporters.” These civil lawyers typically come from private practices and take on cases for defendants unable to afford legal representation.
As for compensation, Massachusetts court-appointed public defenders are paid $65 per hour in district court. This is considerably lower than neighboring states—New Hampshire offers $125, Maine offers $150, and Rhode Island provides $112 per hour. In contrast, private defense attorneys can charge upwards of $300 per hour.
Massachusetts Assistant Judge Dalilla Argaes Wendland instituted the Lavallee Protocol on July 3, expressing concerns that hundreds of defendants might end up unrepresented by the end of the month. Wendland pointed out that the ongoing strike might persist, as there seems to be no immediate solution to the pay dispute.
Although the arguments for higher attorney wages may have merit, the strike has caused a significant slowdown in criminal cases in Boston.
Former Massachusetts State Police Chief John Carmichael criticized the situation, calling it “irresponsible” and “selfish.” He noted the potential dangers of releasing individuals charged with serious offenses, emphasizing that it adds to the strain on law enforcement and the judicial system.
