BOSTON — In a significant move, over 120 cases were dismissed in Boston on Tuesday due to ongoing issues with public defender staffing and pay. This decision follows months of disputes that have seen public defenders halt taking on new clients.
In a nearly empty courtroom, Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol, which mandates the dismissal of cases if a defendant has been without legal representation for 45 days. This protocol is also applied to release defendants who have been in custody for more than a week without an attorney. For the first time, it was used to dismiss several cases on Tuesday.
The dismissed cases ranged from minor offenses like shoplifting and drug possession to serious charges involving assault on police officers and domestic violence. One case involved a suspect who allegedly assaulted his pregnant girlfriend, while another involved threats made against a woman by her child’s father.
Judge Lyons emphasized that the public defenders had made sincere efforts to find representation for the defendants and stated, “This case will be dismissed without prejudice,” ensuring that any fines would be waived.
Frustration from Prosecutors
There was notable discontent among prosecutors regarding the dismissals. They voiced strong objections, particularly against the dismissal of more serious cases. James Borghesani, a spokesperson for the Suffolk County District Attorney’s Office, warned that these dismissals pose a clear threat to public safety and expressed commitment to re-prosecute all dismissed cases. He highlighted the efforts made to keep victims informed throughout this challenging situation.
Democratic Governor Maura Healey commented on the matter, acknowledging the need for resolution. She stated, “This is a public safety issue and a due process issue; people need representation.” Governor Healey urged the involved parties to negotiate and find a path forward that ensures fair pay for public defenders.
Pay Disputes Spark Fallout
Public defenders, who claim to be the lowest paid in New England, initiated a work stoppage in late May to press for increased pay. They were seeking raises from $65 to $73 per hour for district court attorneys, and from $85 to $105 for Superior Court lawyers, among other adjustments.
Despite these requests, the recent state budget, signed by Governor Healey, contained no pay increases for public defenders.
Experts in the field, like Shira Diner from Boston University School of Law, acknowledged that while dismissals might be necessary for those lacking representation, this does not address the broader issue of low pay for public defenders. Diner noted that without sufficient lawyers to fulfill the constitutional right to counsel, the crisis will only worsen.
A National Concern for Public Defender Systems
The situation in Massachusetts reflects a national trend of underfunded public defender systems. In New York City, legal aid attorneys are similarly pushing for better salaries and working conditions. Recently, the governor of Wisconsin signed a budget that will improve compensation for public defenders and district attorneys to help combat high turnover rates and rising caseloads.
Other states, like Minnesota and Oregon, have faced their own challenges regarding public defender shortages. In Oregon, around 3,500 defendants were without legal representation as of Tuesday, highlighting the pressing need for systemic change.
As states grapple with these issues, many are being urged to take action to ensure that individuals charged with crimes receive fair legal representation and that public defenders are adequately compensated for their crucial work.
