Massachusetts lawmakers propose pay raise for public defenders to end a legal crisis

BOSTON (AP) — Lawmakers in Massachusetts have reached a deal to give public defenders a pay raise in hopes of ending a legal crisis that led to cases being dropped and defendants who couldn’t get lawyers being released from jail.

But the deal was widely 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 stoppage has led to more than 120 cases being dropped, including some for serious crimes such as domestic abuse and assaulting a police officer. Dozens more defendants were released from jail because they had no legal counsel. As many as 3,000 defendants have been without attorneys.

The deal lawmakers will vote on Thursday calls for spending $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.

The committee’s chief counsel, Anthony Benedetti, applauded the proposed 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 press conference surrounded by private attorneys who handle a bulk of the 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.

The challenges 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 Lavalle 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.