UPDATE: Massachusetts is taking urgent action to address a severe courtroom representation crisis by offering attorneys a $2,500 bonus for every five new cases they accept. This initiative, announced via email by Committee for Public Counsel Services (CPCS) Chief Counsel Anthony Benedetti, aims to alleviate the backlog of criminal defendants left without legal representation since the work stoppage began on Memorial Day.
The incentive program is set to run until 5:00 p.m. on November 17, 2023, or until all defendants in Suffolk and Middlesex Counties awaiting counsel are assigned an attorney. Benedetti emphasized the dire situation, stating, “Every day that passes without counsel is another day that someone’s liberty, rights, and dignity are at risk.”
This critical move comes in response to the ongoing crisis that has left over 3,000 adult criminal defendants without representation, forcing some cases to be dismissed after just seven days without a lawyer under the activated Lavallee protocol. With more than 2,100 defendants still unrepresented as of October, including 52 individuals in custody, the urgency to act could not be greater.
Benedetti described the $2,500 incentive as a “one-time short-term program” to meet constitutional obligations, clarifying that this is “not a permanent fix.” The program is particularly aimed at those defendants with cases in the Boston Municipal Courts. Lawyers can earn a maximum of $7,500 by accepting up to 15 cases, on top of their regular hourly rate.
However, not all attorneys are optimistic about the effectiveness of this initiative. Sean Delaney, a bar advocate from Middlesex and Barnstable County, criticized the incentive, calling it “another mechanism” to keep pay rates below fair compensation. He warned that this approach could further erode the right to counsel for low-income defendants in Massachusetts.
The backdrop of this crisis includes a newly passed law that raises attorney rates from $65 to $85 per hour by 2027, which many bar advocates have labeled as inadequate. The Supreme Judicial Court is also set to make a pivotal decision next month regarding whether judges can set defense attorney pay, a question that has gained traction amid the ongoing work stoppage.
As the CPCS moves forward with this incentive, the future of legal representation for thousands hangs in the balance. The urgency remains palpable, with the stakes high for those awaiting their day in court. Legal advocates urge immediate action to ensure that all defendants receive fair representation, emphasizing the critical need for systemic reform in the justice system.
Stay tuned for developments as this situation unfolds in Massachusetts, where the fight for fair legal representation continues.
