This pay dispute is turning into a public safety crisis
Indeed, what started as a pay dispute is now a real threat to public safety. People accused of crimes are entitled to a lawyer under the US Constitution. Most can't afford one, so the state provides them. Massachusetts is one of a handful of states that often contracts that work out to a bar advocate — a private attorney hired by the state to represent indigent defendants.
Get The Gavel
A weekly SCOTUS explainer newsletter by columnist Kimberly Atkins Stohr.
Enter Email
Sign Up
But their pay is so low — $65 an hour, far lower than in neighboring states — that a large group of bar advocates have stopped taking new cases. If the state's rate were actually competitive, you might expect to see other lawyers hungry for work rushing to fill the void. Notably, they're not.
Advertisement
Now judges have no choice but to free some defendants. Earlier this month, a single justice of the Supreme Judicial Court
Legislative leaders have complained that the bar advocates didn't give them proper warning, and that they don't like being pressured by the work stoppage.
Representative Aaron Michlewitz (D-Boston), chair of the House Ways and Means Committee,
But legislative pique is not a good enough reason to let this dangerous situation drag on. And anyway, lawmakers knew or should have known that pay was a serious and legitimate issue for those court-appointed lawyers — and that the consequences for ignoring it could be grave. At a hearing last March before the House and Senate Ways and Means Committee, Anthony J. Benedetti, chief counsel for the Committee for Public Counsel Services (CPCS) — which administers the appointment of attorneys — made the case for modest increases in their hourly wage.
Advertisement
And bar advocates said as early as
That should have been more than enough time to reach a deal. While the $35 per hour increase that bar advocates are said to be seeking may be too high, there should have been — should still be — some way to reach a compromise. After all, that's what lawyers do all the time. (Lawmakers have said meeting the demand would cost about
State Senator Lydia Edwards (D-Boston), who cochairs the Judiciary Committee, told the editorial board that bar advocates should go back to work with a commitment from the Legislature to work on an increase on their wages. 'Call it a win. Be better organized now. Set out a realistic increase that this Legislature can meet now,' she said.
But that would require bar advocates to give up leverage in the hope that lawmakers are acting in good faith — a tough sell, given the lack of respect shown for earlier pay raise requests.
Meanwhile, from the office of Governor Maura Healey comes this statement: 'Bar advocates do incredibly important work to make sure that everyone has their due process rights protected, and they deserve to be paid a fair wage. Governor Healey is concerned about the negative public safety impacts of this work stoppage. She urges all those impacted to work together to reach a resolution and ensure that all defendants receive the representation to which they are entitled.'
Advertisement
The governor has also said she'll do 'everything' she can to end the impasse. But there still appears to be no end in sight, and it's only a matter of time before the dispute leads to consequences much more dire than a broken cannon.
Editorials represent the views of the Boston Globe Editorial Board. Follow us
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hill
3 hours ago
- The Hill
Florida GOP, DeSantis may follow Texas's lead
Florida Republicans are increasingly pushing to redraw the state's congressional lines following a similar move by the Texas GOP. Florida Gov. Ron DeSantis (R) said Wednesday he is 'very seriously' looking at asking the state Legislature to redraw the state's congressional map, arguing the 2020 census is flawed. Rep. Jimmy Patronis (R-Fla.) came out in favor of redistricting in a post on social platform X, writing that 'Texas can do it, the Free State of Florida can do it 10X better.' Florida Republicans say they were already headed in this direction following a state Supreme Court decision that upheld a congressional map supported by DeSantis and state Republicans. But the plan is gaining even more traction in the wake of Texas Republicans' unveiling of a new congressional map. 'It's picking up steam,' Florida GOP Chair Evan Power told The Hill. 'We were probably heading there with the court decision, but Texas made it top news.' Florida has seen an uptick in population growth following the coronavirus pandemic in 2020. The state has also become solidly Republican over the past decade, with Republicans growing their representation in Congress and once-Democratic strongholds like Miami-Dade and Osceola counties flipping from blue to red. A number of Democratic-held congressional seats could be impacted if redistricting were to take place, including those held in south Florida by Reps. Debbie Wasserman Schultz, Jared Moskowitz and Lois Frankel. Rep. Kathy Castor (D) in the Tampa area and Rep. Darren Soto (D) outside of Orlando have also been floated as possible targets. Florida Republicans already hold a 20 to 8 advantage over Democrats in the congressional delegation. Republicans were boosted last month when the state's Supreme Court ruled to uphold a congressional map that blocked a challenge to the elimination of a majority-Black congressional district in the north of the state that previously was represented by former Rep. Al Lawson (D). The area that comprised the former congressional district is now divided among three Republican lawmakers. But DeSantis is not stopping there. The governor has argued that Florida got a 'raw deal' in the 2020 census when the state only gained one congressional seat. The governor said last month he had relayed his concerns to Commerce Secretary Howard Lutnick after he was sworn in earlier this year and that the Trump administration could be pursuing redoing the census. Additionally, the governor said he believes Florida's Fair District amendments, which a majority of voters approved of in 2010, could conflict with the U.S. Constitution. The amendments say that districts cannot be drawn in a way that hinders minorities voting for their choice of elected representatives. 'There's a lot of people who believe that the Fair District Amendments is unconstitutional, because what it does is, it mandates having race predominate,' DeSantis said this week. 'Whereas, neutrality should really be the constitutional standard.' Patronis also said in his X post that he believes the Fair District Amendments are unconstitutional 'because it violates freedom of speech AND elections are a states rights issue.' 'Time to add more conservatives to Congress, so we can better deliver on President Trump's agenda, finally win the war against woke, cut government waste, and create an economy that moves our country into a new age of prosperity,' Patronis said. Republicans argue that DeSantis and the state's Republicans could be setting an example for other red states to follow. 'DeSantis here sees an opportunity to be a trailblazer for the Republican Party in this sense in that he could be setting up a pilot program that Texas and some of the other states can actually follow,' a Florida Republican strategist said. 'Let's not disillusion ourselves, if he pulls this off, he will be a fan favorite of one person who sits at 1600 Pennsylvania Avenue,' the strategist added, referring to Trump. So far, Republicans in the Florida state Legislature have remained publicly quiet about the prospect of pursuing redistricting. This year's state legislative session was extended from 60 days to 105 days and saw tensions emerge between DeSantis and members of his own party. State Rep. Alex Andrade, a vocal Republican critic of DeSantis, said he has not spoken to his colleagues about redistricting. The state lawmaker noted he would support the effort only if the census was redone. 'I get the partisan argument,' Andrade told The Hill. 'I understand we could make hay right now and benefit Republicans but at some point do I care more about my party or the Constitution?' 'If the census were redone, I'd jump all over it,' he said. Florida Democrats warn that a move by DeSantis and the state's Republicans would set a negative precedent. 'It would mean that the governor and the state legislative branch would completely capitulate under Donald Trump,' state House Minority Leader Fentrice Driskell (D) said. 'It's not supposed to be that the president gets to act like a king and say 'do this on my behalf.'' In a Facebook video posted by Rep. Melanie Stansbury (D-N.M.), Soto accused Republicans of wanting to cheat in the election. 'They want to pick their voters rather than voters picking their representatives,' he said. 'You'll see us do whatever we can in the courts to make sure that the Fair Districts Amendments are enforced.' Democratic Congressional Campaign Committee spokesperson Madison Andrus dismissed the effort from Florida Republicans as 'a bold-faced attempt to save their flailing midterm performance by rigging the game.' The effort comes as the nationwide redistricting war heats up and both parties seek to gain seats ahead of next year's midterm elections. In addition to Republicans in Texas and potentially Florida taking a look at redistricting, Democrats in states like California and New Jersey are also exploring their options. 'There's an opportunity and if it better reflects the makeup of a state whether that's Texas or Florida, or to Gavin Newsom's point even California, then you should do it,' a national Republican strategist said. 'These redistricting efforts, if they comply with the law and meet all of the various federal thresholds to get mapped through, if you do that and do it quickly, you're going to increase the likelihood that the president and Republicans in Washington and going to be able to keep pushing things forward,' the strategist continued.
New York Post
11 hours ago
- New York Post
CT teacher put on leave for refusing to remove crucifix has still not settled lawsuit
A Connecticut teacher put in a 'rubber room' for refusing to remove a cross from her desk says she is still being crucified. Marisol Arroyo-Castro's case is being closely watched by both advocates of religious freedom and those seeking strict separation of church and state. On Wednesday, the grade-school educator and her lawyers participated in a three-hour mediation with the New Britain district's lawyers, superintendent and a judge, but weren't able to come to an agreement. Advertisement Her fate now rests in the hands of a judge, and Castro fears she could be fired or remain in a rubber room when the school year begins on Aug. 19. 'It's a little bit nerve-wracking, especially when school is starting again soon,' Castro, 62, told The Post on Thursday. 6 Marisol Arroyo-Castro has been teaching at DiLoreto Elementary and Middle School since 2003. Courtesy of Marisol Arroyo-Castro Advertisement The 33-year veteran teacher was taken out of her seventh-grade classroom at DiLoreto Elementary and Middle School in mid-December for refusing to remove the 12-inch wooden crucifix on a classroom wall by the side of her desk. Castro, a devout Catholic, had the cross displayed there for a decade. 'I had it for 10 years and never a problem . . . And then one day I got a message [from the vice principal] saying that I needed to take it down,' Castro said. 'He said that it was against the Constitution when I asked why.' Advertisement 6 Castro, a devout Catholic, had the cross displayed in her classroom for a decade. Courtesy of Marisol Arroyo-Castro The vice principal said he got a complaint from two people — never revealing who — and she was asked to move the crucifix to a new location under her desk. She did this for one day. 'I went home and cried for the whole night. And then I came back in the morning and I moved it' back to the classroom wall, she recalled. Advertisement The principal then told her she had until the end of the day to put it back under the desk, but she refused. 'When I came back the next day, somebody else removed it and put it in a box, and they told me not to return to the classroom,' she said. 'A representative from the union escorted me out of the building.' 6 Castro was asked to move the cross to a location below her desk. Courtesy of Marisol Arroyo-Castro In March, after over two months of being on paid administrative leave, she was sent to an administrative office, where she is assigned demeaning clerical tasks under the title 'curriculum information teacher.' 'They assigned me some work related to developing curriculum, which I'm not trained in. They gave me a computer and a cubicle and told me to sit down. They didn't introduce me to anybody or anything. No one talked to me,' she said. Castro has been working at DiLoreto Elementary and Middle School since 2003 — and has seen gay pride flags proudly displayed in the building, as well as personal items around other teachers' desks, including a photo of the Virgin Mary and a mug decorated with a Bible quote. 'They have pictures of their family, and to me, Jesus is my father,' she said. 'Pictures of their dogs. The Patriots sign. The Yankees sign. They even have Christmas trees. 'Somebody had a Baby Yoda. I think there's a Wonder Woman somewhere. All kinds of things,' added attorney Keisha Russell of the nonprofit First Liberty Institute, who is representing Castro. Advertisement 6 In Castro's complaint, she cites the Virgin Mary photo displayed by another teacher at the school. Obtained by the New York Post Russell cited the case Kennedy v. Bremerton School District, where the Supreme Court ruled in favor of Washington high school football coach Joe Kennedy praying on the field after games, as precedent for free religious expression in schools. Castro got emotional when she spoke about the support she's received from other teachers at the school as well as her former students. 6 Even if reinstated to her old job, the veteran teacher will have mixed feelings about it. 'Part of me is happy to go back and be with the students. Part of me is sad because those seventh graders didn't have me that year,' Castro said. Courtesy of Marisol Arroyo-Castro Advertisement 'I have had a lot of teachers get in touch with me secretly because they were told not to. And they have just said that they're praying for me. And even students have contacted me in church. They say they're praying for me.' She hopes President Trump weighs in on the situation. 'That would be wonderful because we know that our president is fully committed to religious liberty,' Russell added. Advertisement 6 DiLoreto Elementary and Middle School in New Britain, CT, serves grades K through 8. DiLoreto Elementary & Middle School/ Facebook The New Britain School District says it's just following laws separating church and state. 'Since last fall, the district has attempted to reach an accommodation with Ms. Castro that respects her personal religious faith, the diverse religious beliefs of our many middle-school students, and the commands of the Constitution,' Dr. Tony Gasper, district superintendent, said. 'From the start, this teacher has insisted on displaying a crucifix on a classroom wall, visible to children in class, during instructional time. 'While we regret the spectacle that this situation has caused, we look forward to a ruling from the court. Meanwhile, the district will continue to focus on providing an effective learning environment in which all students and staff feel respected and valued.'
Yahoo
11 hours ago
- Yahoo
'Willing to be complicit': Booker yells at fellow Dems on Senate floor
WASHINGTON – New Jersey Democrat Sen. Cory Booker yelled at his colleagues in a rare occurrence on the Senate floor this week, arguing they were 'complicit' with President Donald Trump and that his party 'needs a wake-up call.' The exchange occurred on July 29 as Sen. Catherine Cortez Masto, D-Nevada, sought to swiftly move a package of bipartisan bills that would increase resources and funding to police departments and officers. Booker objected to the package and offered an amendment that would require the administration to allocate public safety grants without political bias. That ignited Cortez Masto's ire, who complained that Booker hadn't raised his concerns when the bills passed out of the Senate Judiciary Committee, which he sits on, weeks ago. 'This is ridiculous. This is an attempt to kill all of these bills,' she said. Booker responded, 'This, to me, is the problem with Democrats in America right now is we're willing to be complicit to Donald Trump to let this pass through when we have all the leverage right now.' He also got into a heated back-and-forth with Sen. Amy Klobuchar, D-Minnesota, who told him that he couldn't just stop bills that come out of a committee and then "allow for other bills that fund other parts of your budget in your state." Booker said he it was wrong to imply that the police bills were not vital to his state. 'What I am tired of is when the president of the United States of America violates the Constitution, trashes our norms and traditions, and what does the Democratic party do?' he thundered on the Senate floor. 'Comply? Allow him? Beg for scraps?' "The Democratic party needs a wake-up call," he said. Democrats have been divided about how to organize an effective resistance against Trump and break through the cracks of MAGA populism as the party is still recovering after a bruising 2024 election loss. Booker and other progressive Democrats have been urging their colleagues to be more vocal against the administration. 'If we don't stand as Democrats, we deserve to lose. But if we stand united, if we stand strong, if we stand with other people, if we tell, with a chorus of conviction that, 'America, what this president is doing is wrong,' if we stand up and speak that way, dear God, we will win,' Booker said. In April, Booker delivered a marathon 25-hour and five-minute speech on the Senate floor, railing against the Trump administration's policies and actions. 'These are not normal times in America, and they should not be treated as such,' Booker said at the time. This article originally appeared on USA TODAY: 'Complicit': Cory Booker yells at Dems on Senate floor
