Massachusetts Legislature Passes Wage Increase for Bar Advocates

News Summary

The Massachusetts Legislature has approved a wage hike for bar advocates amid a work stoppage, raising pay by $10 per hour immediately and another $10 next year. Despite the raise to $85 per hour, advocates express dissatisfaction, citing it remains below the rates in surrounding states. The ongoing work stoppage has severely impacted court operations, leading to case delays and releases due to lack of representation. Governor Healey has 10 days to sign the bill, while advocates vow to continue their labor action until compensated fairly.

Boston, Massachusetts – The Massachusetts Legislature has passed a bill that raises wages for bar advocates, a move that comes amid a voluntary work stoppage by these legal professionals. The bill, which saw overwhelming support with a House vote of 150-6 and a Senate voice vote, includes a $10 per hour increase effective immediately, followed by another $10 raise in the next fiscal year. The new wages will bring the compensation of bar advocates to $85 per hour, which, while a step forward, still remains below the more than $100 per hour that advocates receive in surrounding New England states.

Governor Maura Healey now has ten days to sign this legislation into law. However, key figures in the bar advocates’ movement have expressed discontent with the proposal. Attorney Sean Delaney has condemned the wage increases, describing them as inadequate and a “slap in the face,” which has strengthened the advocates’ determination to continue their work stoppage until they receive sufficient compensation. Delaney stressed that the bar advocates, who represent 80% of indigent criminal defendants, will not return to work unless they are satisfied with the terms offered.

The ongoing work stoppage began in May and has critically affected court operations, leading to significant delays in the justice system. Many defendants have been released from custody, and cases have been dismissed due to a lack of legal representation for those accused. This situation prompted the Massachusetts Supreme Judicial Court to invoke the “Lavallee Protocol,” which facilitates the release of defendants who are held without representation.

As a result of the stoppage, bar advocates in Suffolk and Middlesex counties are currently refusing to take on new cases at the District Court level. This labor action has created a backlog in court proceedings, as a lack of defense attorneys has left many defendants without proper legal representation.

The chair of the House Ways and Means Committee, Representative Aaron Michlewitz, has expressed hope that the proposed wage increases could entice bar advocates to resume their duties. However, opinions among the bar advocates are mixed; while some see the raise as a positive development, many others believe it still falls short of addressing their financial challenges. Reports suggest that some contract workers experience tensions and pressure not to take cases that contradict the direction of the current work stoppage.

Meanwhile, an open letter from 118 retired Massachusetts judges supports the advocates’ cause, indicating a broad recognition of the importance of adequate legal representation in the state. Additionally, the state budget has allocated $40 million towards hiring 320 new public defenders. Although this initiative is separate from the wage increase debate for bar advocates, it highlights the growing need for legal resources in the region.

Many bar advocates have articulated the difficulties they face with the current compensation, noting struggles to make ends meet as independent contractors who lack benefits. Despite the increases proposed, many advocates argue that the raises do not align with the rising cost of living in Massachusetts, further complicating their financial stability.

While progress appears to be made with the recent legislative decisions, the road ahead remains uncertain for bar advocates in Massachusetts. The outcome of the bill, coupled with the ongoing work stoppage, underscores the challenges faced by legal professionals advocating for indigent defense in a changing political and economic landscape.

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Additional Resources

• WCVB: Possible End of Massachusetts Bar Advocates Work Stoppage
• Wikipedia: Legal Aid
• CBS News: Bar Advocates Attorney Work Stoppage
• Google Search: Legal Advocates Pay Raise Massachusetts
• Lowell Sun: Bar Advocates Stand Firm Against Massachusetts Bill
• Encyclopedia Britannica: Justice System
• NBC Boston: Mass Bar Advocates Proposed Raise
• Google Scholar: Bar Advocates Massachusetts
• Mass Lawyers Weekly: Fair Pay for Bar Advocates
• Google News: Massachusetts Bar Advocates