Massachusetts is in the midst of a public defender crisis, as hundreds of private attorneys refuse to take new court-appointed cases until the state increases their pay — a standstill that is leaving defendants without legal representation and victims without resolution.
Historically, private attorneys in the state have handled roughly 80% of cases involving defendants who could not afford their own lawyer.
But earlier this year, many stopped accepting cases, arguing they are severely underpaid for the work. Attorneys requested a $35 per hour wage increase, but earlier this week, Governor Maura Healey signed into law a raise of just $10 per hour — an amount lawyers say is not enough to return to the courtroom.
Under Massachusetts law, a defendant cannot be held in jail for more than seven days without an attorney, and charges must be dismissed after 45 days if no lawyer is assigned.
However, those charges can later be refiled, leaving individuals stuck in legal limbo.
The shortage is also affecting victims. One woman, whose identity was withheld for safety reasons, told reporters she fears for her life if the man who violated multiple restraining orders against her is released because his case cannot proceed without counsel.
Legal advocates warn the state is facing a mounting backlog and potential constitutional challenges if the crisis continues.
Without adequate pay for court-appointed attorneys, the system risks failing the very people it is designed to protect — both defendants and victims.
