Massachusetts Criminal Cases Dropped Due to Lawyer Work Suspensions
Over a hundred criminal cases in Massachusetts have been dismissed because of work stoppages by frustrated public defenders, who handle most of the state’s legal defense work. Reports indicate that the Boston City Court Chief Justice, Tracy Lee Lions, has rejected numerous cases—more than 120 as of July 22—including some involving violent offenses—simply because defendants lack legal representation.
Since Memorial Day, the issue has escalated due to ongoing wage disputes among state-appointed attorneys, putting hundreds more cases at risk. Massachusetts Police Chief John Carmichael labeled this situation as “very irresponsible,” expressing concern over the state of the entire legal system.
According to Massachusetts court rules, a defendant without legal counsel must be released after seven days; if they remain unrepresented for 45 days, their case is eligible for dismissal. That said, there is an option for reconsideration.
Reports indicate that nearly 2,700 individuals in Massachusetts are currently without legal representation. Most cases being dismissed are misdemeanors, but some involve serious allegations. For instance, one individual whose case was dropped reportedly assaulted his pregnant girlfriend, while another allegedly attacked a police officer, threatening to shoot.
“More and more dismissals are anticipated in the coming days and weeks, which poses a clear and ongoing threat to public safety,” stated James Borgesani, a spokesman for the Suffolk County District Attorney’s Office, highlighting the efforts of prosecutors and victim advocates to keep affected individuals informed.
The public defenders, who make up roughly 80% of counsel for those unable to afford legal services, are currently compensated with $65 per hour for their work in district court. A state advocate mentioned, “It’s hard for everyone involved; our instinct is to represent our clients. But the pay is just not adequate.”
Unfortunately, efforts to negotiate a resolution between state lawmakers and public defender advocates have stalled. Supporters have called for funding increases, requesting $100 million to address the issue.
State Senate Speaker Karen Spilka urged public defenders to return to work, reminding them that there is ongoing dialogue about their compensation and that “people are hurting.” Governor Maura Healy and Attorney General Andrea Campbell did not respond to inquiries for comments.
