BOSTON — More than 100 people could have their charges dismissed on Tuesday. The reason? They haven’t received a court-appointed lawyer because public defenders in Massachusetts are not taking on new cases.
Public defenders began the work stoppage back on May 27 and have been refusing to take on any new clients until they get paid a higher wage, causing a “catastrophic logjam” of criminal cases. As a result, defendants who have been in custody for weeks without legal representation could get released as early as Tuesday.
According to the Boston Globe, a justice of the state’s Supreme Court ordered the hearings for dozens of defendants who couldn’t afford a lawyer in Middlesex and Suffolk counties and weren’t appointed one.
Already, Boston 25 News has been reporting on several people who have been released because they were being held without any representation.
State law requires defendants to be provided with a lawyer within a reasonable time, which is typically up to 45 days. However, public defenders who represent the majority of the state’s indigent defendants receive an hourly wage of $65, which is significantly less than their counterparts in New Hampshire, Maine, Rhode Island, and Vermont, according to the Globe.
A similar situation is also happening on the juvenile level. While the state is still providing defense lawyers for people charged with the most serious crimes like murder and rape, there is a growing concern for public safety.
It’s unclear how long the work stoppage will last. The state just set its budget, and lawmakers got rid of a measure that would’ve raised pay for some of the state’s court-appointed attorneys.
This is a developing story. Check back for updates as more information becomes available.
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