BREAKING: Massachusetts is urgently offering a $2,500 bonus to criminal defense attorneys for every five new cases they take, as officials scramble to address a severe courtroom representation crisis. This crisis, triggered by a work stoppage since Memorial Day, has left thousands of defendants without legal counsel.
The Committee for Public Counsel Services (CPCS) announced this one-time incentive in an email sent to bar advocate attorneys statewide today, signed by Chief Counsel Anthony Benedetti. “Every day that passes without counsel is another day that someone’s liberty, rights, and dignity are at risk,” Benedetti emphasized. The program is set to close at 5:00 p.m. on Nov. 17, 2023, or when all defendants in Suffolk and Middlesex Counties are represented.
The urgency of this situation cannot be overstated, as more than 3,000 adult criminal defendants went unrepresented as of August. The ongoing crisis has prompted legal action, including activating the Lavallee protocol, which mandates the release of defendants after seven days without a lawyer. This has resulted in over 1,030 cases dismissed since the protocol’s inception, leaving many vulnerable without legal support.
Benedetti’s email clarified that this incentive is a short-term measure, stating, “This is not a permanent fix.” He reiterated the need for systemic changes and higher hourly rates for attorneys, which currently stand at $65 but are set to rise to $85 by 2027—an adjustment that bar advocates previously deemed insufficient.
Bar advocates have been demanding a raise to $100 an hour, and the lack of legal representation has drawn widespread concern. “It is essentially another mechanism by which the legislature and CPCS will keep pay rates for bar advocates below a fair way,” warned Sean Delaney, a bar advocate from Middlesex and Barnstable County. He criticized the incentive as inadequate and a potential erosion of the right to counsel for low-income individuals.
The stakes are particularly high as the Supreme Judicial Court is set to make a critical decision next month on whether judges can set defense attorneys’ pay. This ruling could significantly impact the ongoing crisis and the future of legal representation in Massachusetts.
Lawyers who accept the incentive can earn up to $7,500 by taking on 15 new cases, in addition to their regular hourly rates. Those interested must meet specific eligibility requirements, including having completed 800 hours of work through CPCS by September 30 or having accepted five assignments in the current fiscal year.
As the deadline approaches, the CPCS is urging attorneys to act promptly to help restore legal representation for defendants currently awaiting counsel. This crisis highlights the urgent need for systemic reforms to ensure justice is accessible for all in Massachusetts.
Stay tuned for more updates as this developing story unfolds.