As Massachusetts legal crisis rages on, two sides remain far apart

In May, Massachusetts Bar Advocates refused to take on new court-appointed cases in a dispute with the state over money.

Weeks later, it does not appear that the two sides are close to settling the crisis.

“They just won’t meet with us, and to say they are negotiating. I don’t know who they are negotiating with, but they are not negotiating with the bar advocates, that’s for sure,”

Boston defense attorney Elyse Hershon spoke with Boston 25 over Zoom Tuesday.

Hershon is part of the movement to increase the rate the state pays court-appointed lawyers for the indigent by $35 an hour, to bring the rate in line with neighboring states.

In late May, Bar Advocates stopped accepting new cases, leaving poor defendants without lawyers.

As a result, unrepresented suspects have been released from jail and more than a hundred cases dropped.

Attorney Hershon says bar advocates are at a breaking point.

“It’s offensive what they are paying us and thinking we’ll continue to go to work and do the same job without any substantial increase for years and years and years. It wouldn’t happen in any other field,” Hershon said.

At the State House Monday, Senate President Karen Spilka flat out told bar advocates to get back on the job.

“I strongly urge the bar advocates to get back to work. They are being paid. They continue to be paid, conversations are happening. People are hurt,” Spilka said.

“We’re working, so them telling us to go back to work, is meaningless,” Hershon responded.

Attorney Hershon told me bar advocates are independent contractors, not state employees.

And she said they are still representing people who cannot afford lawyers on their own.

“It shows either the legislature doesn’t know what’s going on, or they are choosing to use incorrect terminology and directing us to do something they don’t have the power to do. We are not employees of the state, or anybody,” Hershon said

I checked with the Governor’s office and legislative leadership on Tuesday.

It does not appear that the two sides are close to reaching a settlement.

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