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Yahoo
18 hours ago
- Business
- Yahoo
Mass. Legislature sends $259M funding bill, with raises for bar advocates, to Gov. Healey
Massachusetts lawmakers moved to clear a logjam in the state court system on Thursday, sending a $259 million funding bill to Gov. Maura Healey that includes raises for private attorneys who represent indigent defendants. The vote, which came before the state House and Senate, were slated to start an August recess, provides a solution to a vexing issue that had resulted in scores of cases being dismissed and some people released from custody. But it did not come without objections from those lawyers, known as 'bar advocates,' who had accused lawmakers of trying to lowball them. The 'supplemental budget' that's now winging its way to Democrat Healey boosts the advocates' pay by $20 an hour over the next two years, an increase of more than 30% over current district court rates. The bill cleared the Senate on a voice vote on Thursday, according to State House News Service. The House approved it on a 150-6 vote, the wire service reported. Starting Aug. 1, the annual pay rate for private bar counsel would range from $150,000 to $260,000, rising to $170,000 to $280,000 starting on Aug. 1, 2026. The bill also provides a $40 million infusion to the Committee for Public Counsel Services, which will allow the agency to hire more lawyers and reduce the state's reliance on private practice attorneys, legislative leaders said. The Committee for Public Counsel Services is the state's public defender agency. It represents about 20% of defendants who can't afford to hire lawyers. And as a hedge against further work disruptions, the language now under consideration would require bar advocates to enter into contracts that would have to be renewed every two years. The spending plan lawmakers sent to Healey on Thursday "addresses timely issues through key, targeted investments," state House Speaker Ronald J. Mariano, D-3rd Norfolk, said in a statement. 'Critically, it provides for a significant raise for the bar advocates, and takes steps to ensure that the Commonwealth will no longer be over-reliant on the bar advocates by increasing the budget for the Committee for Public Counsel Services by $40 million, allowing them to hire over 300 new public defenders,' Mariano continued. Elyse Hershon, a bar advocate in Suffolk County, slammed the compromise funding language that was unveiled Wednesday, saying she was 'extremely disappointed' in the Legislature. 'We don't consider this a legitimate proposal or a serious one, and it is insufficient to make up for the lack of funds for bar advocates for over 20 years,' Hershon said in a telephone interview. Democratic leaders in the Legislature refused to meet with bar advocates, despite the lawyers attempting to get them to the table for two months, Hershon said. 'They didn't care to understand the problem,' she said. Legislators 'came up with their own solution,' Hershon continued The 'right to counsel' is only words to them," said bar advocate attorney Sean Delaney, who serves in Middlesex and Barnstable counties. 'They don't understand the Constitution, and they certainly don't understand the hard work that our advocates do day in and day out throughout this commonwealth,' Delaney said. On the State House's Grand Staircase on Thursday afternoon, just steps away from lawmakers, he and nearly two dozen other bar advocates rallied to voice their frustrations. 'This state Legislature, specifically, the Democratic leadership, has not disregarded and disrespected myself, my colleagues here and my colleagues in courts throughout the Commonwealth, but they certainly disregarded and disrespected every defendant is entitled to have representation regardless of how much money they have in their bank account,' Delaney continued. Delaney added that 'it's so vital ... to have a lawyer beside you, from the moment you're accused and the moment you're arraigned in district court. You have to understand — 95% of the criminal cases in Massachusetts start in the district court. As time goes on, evidence gets lost or destroyed, and witnesses disappear or die. There's a whole host of things in terms of being able to protect a defendant's rights," he continued. 'Our clients do care, for the short term, where they may be held for a period of time ... [but] they want a lawyer beside them who's going to advocate zealously. Time is the enemy of our clients ... in the long-term, it's very detrimental they don't have a lawyer.' State Rep. Christopher Markey, D-9th Bristol, who'd backed a raise proposal in the lower chamber, said there was no way lawmakers could meet the bar advocates' demand for a $35 an hour raise. 'It is not going to happen overnight. It is a ridiculous request,' Markey said on the House floor, according to State House News Service. 'It is absurd to think we're going to give them a 50% raise. We're providing them a 30% raise within 366 days,' he continued. 'That is pretty amazing. And they should be thanking the chairs of [the House and Senate] Ways and Means [committees]. We should not be inundated with emails, and I'm sure we will, of how corrupt we are.' The midyear spending bill also includes $7.5 million in additional funding for the state's Healthy Incentive Program, which provides healthy, fresh food for Bay State Families, while providing farmers with a way to sell produce. The legislation was a priority for state Sen. Joanne M. Comerford, who pointed to the need for access to healthy food for qualifying families in the face of Republican-backed cuts to the Supplemental Nutrition Assistance Program − often referred to as 'food stamps.' 'It really speaks to this critical moment,' Comerford, D-Hampshire, Franklin, and Worcester, told MassLive earlier this year when she unveiled the legislation. In addition, the bill also sets aside: $60 million for home care services $43 million for Residential Assistance for Families in Transition (RAFT) $15.5 million for increasing the security of Electronic Benefits Transfer (EBT) cards by transitioning to chip cards $10 million for extraordinary cost reimbursements in the EMS system, with $5 million channeled to communities impacted by the closing of Nashoba Valley Medical Center $6 million for veterans' benefits $4 million for the Massachusetts State Police (MSP) crime lab $1 million for the Fair Housing Fund. In a statement, Senate President Karen E. Spilka, D-Middlesex/Norfolk, said the budget bill provides stability 'despite chaos at the federal level.' It 'ensur[es] our bills are paid, practices [es] fiscal responsibility, and maintains [s] access to justice for all,' Spilka said. MassLive Reporters Charlie McKenna and Irene Rotondo contributed to this story. More on Politics Boston mayoral candidates share plans for city's arts and culture economy Mass. Senate passes 'bell-to-bell' school cellphone ban. How it affects you and your child Former VP Kamala Harris releasing 'behind-the-scenes' book on failed presidential campaign Is Trump doing better than Joe Biden? What the latest polls reveal about his support Poll finds voters giving Democrats lowest rating in 35 years Read the original article on MassLive. Solve the daily Crossword
The Independent
31-07-2025
- Politics
- The Independent
Massachusetts lawmakers propose pay raise for public defenders to end a legal crisis
Lawmakers in Massachusetts have reached a deal to give public defenders a pay raise in hopes of ending a legal crisis that led to cases being dropped and defendants who couldn't get lawyers being released from jail. But the deal was widely criticized by private attorneys who handle a bulk of cases for indigent clients, raising doubts as to whether the pay raise will be enough to end a work stoppage public defenders launched in May. The stoppage has led to more than 120 cases being dropped, including some for serious crimes such as domestic abuse and assaulting a police officer. Dozens more defendants were released from jail because they had no legal counsel. As many as 3,000 defendants have been without attorneys. The deal lawmakers will vote on Thursday calls for spending $40 million to double the number of attorneys who work for the state Committee for Public Counsel Services and allows for hiring 320 more public defenders by the end of fiscal 2027. It also would raise the hourly rate paid to private attorneys who work as public defenders by $20 an hour over two years, a 30% increase. The committee's chief counsel, Anthony Benedetti, applauded the proposed funding increase and called it 'the most significant progress ever made toward improving Bar Advocate pay and strengthening the statewide right to counsel.' But Sean Delaney, speaking at press conference surrounded by private attorneys who handle a bulk of the cases, said the plan was inadequate and called on lawmakers to reject it. Many advocates, he said, would continue refusing new cases unless their rates are increased $35 an hour in fiscal year 2026 and $25 an hour the year after. The challenges were on display in a Boston courtroom last week, when case after case was dropped due to the 'Lavallee protocol.' It requires cases be dropped if a defendant hasn't had an attorney for 45 days and that the defendants be released from custody if they haven't had representation for seven days. Several of those cases involved assaults on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who she said threatened to kill her and tried to strangle her. Earlier this month, a judge in Lowell struggled to balance the need for public safety with the requirements of the Lavalle protocol. Judge John Coffey considered more than a dozen defendants for release, choosing to keep the most serious alleged offenders — including a man accused of running down and badly injuring a police officer — behind bars. He released at least three suspects, including a woman jailed for a probation violation. The woman, Edith Otero, 52, of Boston, yelled out: 'Thank you, your honor. God Bless you.' Outside the court, Otero said she had been in jail since the end of June and that it had been 'very, very depressing' to attend court hearings without legal representation. She said she had a litany of health issues and it was 'wonderful' to finally be out. 'I thank the Lord,' Otero said, speaking to reporters from a wheelchair.
