More than 100 criminal cases have been dismissed in Massachusetts during a strike by some defense attorneys.
For the past eight weeks, the majority of Massachusetts bar advocates, private attorneys who take court-appointed work paid for by the Commonwealth outside their typical private responsibilities, have stopped their work in protest of low pay and a shortage of lawyers in their field.
Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol in dismissing each case. The protocol requires poor criminal defendants to be released if they have not had an appointed attorney for more than seven days. Per the protocol, after 45 days, their cases can be dismissed without prejudice.
Most cases were for minor crimes like shoplifting, drug possession, and motor vehicle violations. At least three cases were more serious offenses, including assault on police officers and domestic violence.
“This case will be dismissed without prejudice,” Lyons said repeatedly. She noted that all fines and fees would be waived.
Prosecutors objected to the dismissals. James Borghesani, a spokesperson for the Suffolk County district attorney’s office, in a statement said the office would re-prosecute all the cases.
“The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety,” Borghesani said.
“Our prosecutors and victim witness advocates are working extremely hard to keep victims and other impacted persons updated on what’s happening with their cases,” he continued. “These are difficult conversations. We remain hopeful that a structural solution will be found to address the causal issues here and prevent any repeat.”
As a result of the bar advocate strike, dozens of criminal defendants who are without a court-appointed attorney have been released. Bar advocates have said that their current rate of $65 an hour, which does not include benefits, retirement, is not enough money. They have compared their wages to nearby states, which offer $150 per hour in Maine, $125 in New Hampshire, and $112 in Rhode Island, to defense attorneys. They have also noted they could be making more than $300 per hour for private work.
They proposed a pay increase to $73 an hour over the next two fiscal years. The 2026 fiscal year budget, which has not yet been signed into law, does not include a pay increase for public defenders.
Full-time public defenders usually cover about 20% of court-appointed cases for needy clients. The remaining 80% are handled by bar advocates.
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Gov. Maura Healey (D-MA) said Tuesday that the strike needs to be resolved.
“This is a public safety issue and also a due process issue as people need representation,” she told reporters. “I know the parties are talking. They have got to find a way to work this out. We need lawyers in court … and certainly they need to be paid fairly.”