To halt the labor stoppage that has resulted in the dismissal of charges against over 120 defendants, lawmakers have recommended a compensation increase for court-appointed defense attorneys, also known as bar advocates.
In Massachusetts, bar advocates—private attorneys rather than state employees—provide the majority of the legally mandated representation for defendants who are unable to pay for their own. In order to push for greater hourly wages—which are determined by the legislature—bar advocates ceased taking on cases involving the poor in May.
The Supreme Judicial Court used the Lavallee protocol earlier this month to order the dismissal of criminal charges against defendants without counsel who had been detained for more than 45 days and the release of unrepresented prisoners who had been detained for more than a week. Over 120 people in Boston had their charges dismissed last week, and a number of those facing charges, including domestic abuse, were freed.
The Boston Globe reports that lawmakers are proposing a $10 rise in the hourly pay this year and another $10 increase next year in an agreement that was presented on Wednesday.
Over the course of two years, we are providing the bar advocates with a sizable wage increase, According to the Globe, Boston’s Aaron Michlewitz, the chair of the House Ways and Means Committee, said.Although we believe that no one ever receives exactly what they request, this is a big step in the right direction.
Massachusetts now has the lowest hourly compensation for bar advocates in New England, at $65 per hour. Attorneys in the Superior Court earn $85, while those who handle murder cases get $120 per hour. District court attorneys last received a rise from $60 to $65 in 2022, and this year, bar activists were requesting a raise of $35 per hour.
“The proposed increase in counsel compensation represents the most significant progress ever made toward improving Bar Advocate pay and strengthening the statewide right to counsel,” a statement from the Committee for Public Counsel Services, which groups bar advocates, said.
According to CPCS Chief Counsel Anthony Benedetti, “this proposal is a crucial first step, and we will strive to build on this momentum in future budgets to ensure that Bar Advocate compensation continues to reflect the value of their work and the essential role they play in protecting the rights of our clients.”
According to the Globe, the deal would also contain clauses that establish minimum standards and prohibit future work stoppages and other forms of collective action as antitrust violations. The lawmakers are attempting to increase internal workforce capacity over time, according to CPCS.
According to Benedetti, expanding our internal resources will contribute to more stability and continuity in the provision of legal services to those who require them the most. Our clients—people whose freedom, families, and futures are at stake every day—continue to be our top priority.
According to the Globe, the MPs will cast their votes on the legislation on Thursday.
Molly Farrar works for Boston.com as a general assignment reporter, covering topics such as politics, crime, and education.
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