Massachusetts court-appointed defense lawyers to stop work, demand pay increase
A large number of court-appointed defense lawyers may stop doing the work Tuesday, which could cause a crisis for criminal defendants and the courts who seek their work.
Lawyers who work through the state's Bar Advocate Program cover approximately 80% of court-appointed work, when the court appoints an attorney for an indigent, or poor, client. "We don't treat court-appointed clients differently than private pay clients," explained lawyer Sean Delaney. "Everyone's the same, because we all believe in the U.S. Constitution and the Massachusetts Declaration of Rights."
Bar Advocates, or private attorneys who do occasional contracted work for the state, cover the majority of court-appointed defense work, with the rest covered by CPCS, or the state's full time public defender's program.
These lawyers represent clients in a range of circumstances, including ones with "mental health issues, substance abuse, people who are concerned with a family member or a loved one that has a serious drug or alcohol problem," explained lawyer Jennifer O'Brien.
A large number of these bar advocates will stop working on Tuesday, May 27, in a grassroots work stoppage as the group demands better pay.
How much are court-appointed lawyers paid in Massachusetts?
Right now, for work in Massachusetts District Court, these lawyers are paid $65 an hour. In neighboring New Hampshire, they make $125 an hour, in Maine the rate is $150 per hour, and in Rhode Island, the rate is $112 an hour.
"No one's looking to get the Commonwealth to say, 'OK, we're going to pay you what you get on your private cases,'" Delaney explained.
Rates for court-appointed attorneys in Massachusetts, Maine, New Hampshire and Rhode Island.
CBS Boston
Private defense attorneys can make over $300 per hour for their work - which is part of the reason many say they're stepping back from court-appointed work to focus on private cases.
"It's not about lining our pockets either. It's about ensuring what Massachusetts was 30 years ago. In my opinion, we were the preeminent state in the country," Delaney said. "Anyone who is eligible, based upon their economic status deserves zealous representation, qualified attorneys, and that is what is dropping off [here]."
Criminal defendants released after similar work stoppage
A similar work stoppage happened in Hampden County back in 2004 for the same reason, at which point the Supreme Judicial Court ruled that criminal defendants who were held more than seven days without a bail hearing, and without an attorney, must be released from jail. "You can't just simply hold somebody for seven days for ten days just until an attorney comes forward to take the bail case, so we're trampling on people's Constitutional rights," lawyer Jennifer O'Brien explained.
The same situation could happen here, if the Legislature doesn't take bar advocates' demands seriously, they say. "The crisis has happened," Delaney said. "This may only cause it to worsen."
Bar advocates are planning a standout outside the State House on Tuesday at 1 p.m.
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