Latest news with #defenselawyers
CTV News
3 days ago
- General
- CTV News
CTV National News: Defence closes case in World Juniors sex assault trial
Watch Rick Westhead breaks down what's next as the defence lawyers for five former World Junior hockey players accused of sexual assault closed their case.
CBS News
26-05-2025
- Politics
- CBS News
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.
Globe and Mail
17-05-2025
- Globe and Mail
Advocates for sexual-assault survivors worry Hockey Canada trial disruptions will dissuade others from seeking justice
The latest disruption in the trial of five former world junior hockey players in London, Ont., is frustrating, upsetting but ultimately unsurprising, say local sexual assault survivors and advocates who have frequently gathered outside the courthouse over the past few weeks. The judge hearing the trial dismissed the jury on Friday after a juror claimed they were being laughed at by two defence lawyers, who denied that happened. The trial is now continuing under a judge alone. It was the second disruption in the case, which had a mistrial over another issue with an earlier jury on the first day. Activists said the judge's decision to finish the trial herself was a better option than declaring a mistrial and starting over with a third jury, which would have forced the complainant in the case to undergo another round of testimony and cross examination. The complainant, known only as E.M. due to a publication ban, was in the witness box for nine days of testimony and then cross-examination from five defense lawyers. However, the advocates said they're worried such disruptions will dissuade victims from seeking justice. Judge in Hockey Canada sex-assault trial was right to dismiss jury from high-profile case, legal experts say Jessie Rodger, executive director of local agency Anova, said another mistrial would have been devastating. Her organization operates two shelters in London, in addition to providing counselling, court support and education to victims of sexual assault and their families. Ms. Rodger often sat in court throughout E.M.'s cross-examination. She said E.M. was subjected to rape myths that questioned her character and intoxication. 'It felt like I was in a courtroom in 1997,' she said. 'This is not what a trauma-informed lens looks like.' She said such tactics, along with disruptions including those that have plagued the London trial, make other victims less likely to step forward, adding that a number of her clients have been dissuaded by E.M.'s experiences in court. Daphne Gilbert, a University of Ottawa criminal and constitutional law professor, agreed. 'I don't think there was a trauma-informed approach taken here at all,' said Prof. Gilbert, whose research has focused on best practices in codes of conduct about sexual violence, with an emphasis on abuse among all levels of sport in Canada. Second jury dismissed in Hockey Canada sex-assault trial, case will be heard by judge alone She noted the judge's ruling about dismissing the jury was not to protect E.M. but rather to protect the rights of the accused. 'We certainly didn't see any trauma-informed approach being taken from any of the defense lawyers during the brutal cross-examination that E.M. was put through,' she said. 'If anything, the system is – and yes, rightfully so – mostly concerned with the rights for the accused. That's why this happened.' However, Prof. Gilbert said the fact that a judge is now hearing the case will be more helpful to study the case in the future. During E.M.'s testimony, supporters demonstrated outside the courthouse. One of them was a woman who herself is a survivor of sexual assault. The woman's name is also covered by a publication ban and she can only be referred to as K.M. 'From a survivor's perspective, trials can ruin you,' said K.M., who said the man who assaulted her was convicted in 2019 after she testified in court. K.M. said the legal process demands that a victim constantly relive what are often the worst moments of their lives. Jennifer Dunn, executive director at London Abused Women's Centre, sees a marked improvement compared to a decade ago. The police investigation is more trauma-informed and has units dedicated to sexual assault and intimate partner violence, for example. Ms. Rodger has also been bolstered by the donations her centre has received in E.M.'s name and by how her testimony has encouraged a number of women to come forward and seek help and support for their own experiences. K.M. said she is conflicted. She said that while the gathering of sexual assault survivors and advocates outside the courthouse is inspiring, the support can only go so far. 'There's no confidence that if I came forward as a survivor of rape, I'm going to be heard, I'm going to be taken seriously, and the justice system is going to have my back to make sure that this happens in a timely manner so I can move on with my life.'
