Access to Justice
Crisis looming in Massachusetts as court-appointed attorneys refuse to take on more cases
Massachusetts is experiencing a “full-blown constitutional breakdown” as bar advocates refuse to take on more court-appointed cases, according to the leader of the state’s association of criminal defense attorneys. (Image from Shutterstock)
Massachusetts is experiencing a “full-blown constitutional breakdown” as bar advocates refuse to take on more court-appointed cases, according to the leader of the state’s association of criminal defense attorneys.
“The right to counsel is not a luxury,” said Shira Diner, the president of the Massachusetts Association of Criminal Defense Lawyers, last week. “It is a bedrock principle of our justice system, guaranteed by the Sixth Amendment and by Article 12 of the Massachusetts Declaration of Rights. When people are jailed without lawyers, the system ceases to be just—or constitutional.”
Bar advocates, independent attorneys who are appointed by the state to represent low-income defendants, handle about 80% of indigent defense, according to the Massachusetts Association of Criminal Defense Lawyers.
But those attorneys began declining additional cases in May because of pay rates that the association characterizes as lagging “far behind those in neighboring states.” Many experienced attorneys have left, and new attorneys have accepted jobs elsewhere because of the low compensation, the association also says.
MassLive.com reported in May that bar advocates who handle district court cases are paid $65 per hour. They argue that they actually earn about $20 per hour after accounting for health and malpractice insurance and other expenses.
The Boston Globe and Boston.com also have coverage.
As of last week, more than 150 people in Boston were waiting for the court to appoint their attorney, according to the Massachusetts Association of Criminal Defense Lawyers. Nearly 40 people who were in custody didn’t yet have a lawyer.
The association notes that defendants who remain in custody without representation for more than a week can be released under Massachusetts law. It also contends that courts that fail to assign counsel are either violating defendants’ constitutional rights or releasing them without due process.
“People accused of crimes are sitting in jail cells without a lawyer,” Diner said. “Others are missing crucial opportunities to gather necessary evidence and are left with nothing but uncertainty. Neither outcome is acceptable.”
Anthony Benedetti, the chief counsel of the Committee for Public Counsel Services, the state’s public defender agency, told MassLive.com that bar advocates “should be paid more for the essential work they do in providing legal services to indigent clients across the commonwealth.”
The Massachusetts trial courts are working with the Committee for Public Counsel Services to reduce disruptions that arise because of work stoppages, a spokesperson also told MassLive.com.
The Massachusetts Association of Criminal Defense Lawyers is urging the state legislature to increase funding for bar advocates in the state budget.
See also:
These attorneys defend clients in need; their pay is being frozen for months
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