Massachusetts Courts Toss Dozens Of Criminal Cases While Public Defenders Strike

Over 100 criminal cases in Massachusetts have been thrown out due to an ongoing work stoppage by disgruntled lawyers who perform the majority of public defense work in the state, according to multiple reports.

Boston Municipal Court Chief Justice Tracy-Lee Lyons dismissed more than 120 criminal cases on July 22 — including several involving violent offenses — due to defendants being unable to obtain legal representation, according to CBS News. Hundreds more cases are at risk of dismissal as many of the state’s court-appointed lawyers have been on strike since Memorial Day over pay disputes.

“It’s very irresponsible. It’s selfish and it’s greedy,” former Walpole and Newton, Massachusetts police chief John Carmichael said, according to CBS News. “You don’t just get to not come to work, because the whole system breaks down.”

Under Massachusetts court rules, criminal defendants without an attorney for more than seven days are required to be released. After 45 days, their cases are eligible for dismissal, though charges can be refiled.

Nearly 2,700 defendants in Massachusetts are without legal representation, WBUR reported on July 22.

While the majority of dismissed cases have been misdemeanors, some involved more serious charges.

One defendant whose case was thrown out allegedly punched his pregnant girlfriend in the stomach and slapped her in the face, while another allegedly attempted to strangle and kill the mother of his child, CBS News reported. A third case involved a suspect who allegedly struck a police officer and threatened to shoot him.

“The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety,” James Borghesani, a spokesperson for the Suffolk County district attorney’s office, said in a statement to CBS News. “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.”

The striking lawyers are private attorneys, known as bar advocates, who are contracted by the state to handle approximately 80% of criminal cases involving defendants who cannot afford legal counsel. Massachusetts currently pays these lawyers $65 an hour for district court cases, which is significantly less than what neighboring states offer, according to The New York Times.

“It’s hard for all of us. Our instinct is to represent clients … we’ve been doing it for a long time at a very subpar rate,” a state bar advocate told WBZ-TV earlier this month. “The Legislature is the only institution that can make this end.”

However, the state legislature and bar advocates have yet to reach an agreement. State lawmakers have suggested that the advocates’ funding request amount to $100 million, according to WCVB 5 News.

“I strongly urge the bar advocates to get back to work,” Democrat State Senate President Karen Spilka said on Monday, according to WCVB 5 News. “They are being paid. Conversations are happening … People are being hurt.”

Spilka, Democrat Massachusetts Gov. Maura Healey and state Attorney General Andrea Campbell did not respond to the Daily Caller News Foundation’s requests for comment.

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