Defense attorneys rallying at the Massachusetts State House demanding better compensation for public defense work.
In Massachusetts, court-appointed defense lawyers are set to stop accepting new cases starting May 27, 2025, due to insufficient compensation. Currently earning $65 per hour, they argue that this pay is far below neighboring states. With this grassroots movement, advocates aim to highlight the urgent need for fair compensation in public defense work, which could significantly impact legal representation for indigent clients in the state.
Boston, Massachusetts – Effective May 27, 2025, many court-appointed defense lawyers in Massachusetts plan to cease accepting new cases in protest of what they describe as insufficient compensation. These attorneys, part of the Bar Advocate Program, manage about 80% of court-appointed cases for indigent clients, and their decision could pose significant risks to legal representation for individuals unable to afford private defense.
Currently, these lawyers receive compensation of $65 per hour for their work within the Massachusetts District Court system. In contrast, neighboring states offer markedly higher rates for similar legal services: $112 per hour in Rhode Island, $125 per hour in New Hampshire, and $150 per hour in Maine. This stark discrepancy has ignited frustration among advocates who argue that the unequal treatment undermines the constitutional rights of their clients.
The impending work stoppage represents a grassroots movement by public defenders to demand better pay, dealing a potentially severe blow to the availability of legal representation for those in need. As private defense attorneys are able to charge rates exceeding $300 per hour, many view private practice as more financially viable, which may discourage new attorneys from entering the public defense field.
Concerns have been raised that the current pay structure could exacerbate the already challenging circumstances for criminal defendants, particularly in light of similar protests in the past. In 2004, a work stoppage in Hampden County resulted in a ruling requiring the release of criminal defendants held for over seven days without a bail hearing, underscoring the serious implications of a legal representation crisis.
Recent developments further highlight this issue. One Boston judge recently informed a defendant that due to the strike, a court-appointed lawyer would not be available to represent them. This scenario has raised alarms about the potential consequences, which may include delays or dismissals of cases for defendants without legal counsel.
On the day the work stoppage begins, bar advocates are planning to organize a standout at the State House at 1 p.m. Their aim is to draw attention to the urgent need for fair compensation in public defense work. The decision to pursue this course of action is described as a last resort, stemming from the ever-increasing expenses that these advocates incur, including health insurance, malpractice insurance, and office-related costs which diminish their effective hourly wage.
Support for the advocates’ cause is echoed by Anthony Benedetti, the head of the Commonwealth’s Committee for Public Counsel Services. He highlights the essential role that these lawyers play in maintaining a fair legal system and the vital need for their services to remain adequately funded.
The planned work stoppage and the associated protest reflect an urgent call for change within Massachusetts’s public defense system. As this grassroots movement unfolds, it remains to be seen how it will impact the legal representation of indigent clients in the state and whether it will compel the necessary adjustments to compensation for court-appointed attorneys.
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