Healey Backs Pay Raise for Bar Advocates as Strike Persists

Governor Maura Healey Approves Pay Raise for Bar Advocates, but Work Stoppage Continues

Governor Maura Healey has approved a pay raise for court-appointed defense lawyers in Massachusetts, aiming to bring them back into the courtroom. However, bar advocates have stated that the increase is insufficient to end their ongoing work stoppage, which has lasted for several months.

In Massachusetts, most of the constitutionally required legal representation for defendants who cannot afford private attorneys is provided by bar advocates. These are private attorneys who are not state employees. In May, they stopped taking on indigent cases to demand higher hourly wages, which are set by the Legislature.

The Supreme Judicial Court (SJC) invoked the Lavallee protocol in July after nearly two months without bar advocates. This protocol ordered the release of unrepresented defendants held in custody for more than a week and the dismissal of criminal charges against defendants without counsel for more than 45 days. The protocol was applied to Suffolk and Middlesex counties, according to the SJC ruling.

Last week, the Legislature proposed a $10 increase to the hourly wage starting August 1 and another $10 increase the following year. This would result in approximately a 30 percent raise for the lowest-paid bar advocates, who are currently paid $65 per hour. However, this raise falls significantly short of the $35 bump this year and another $25 next year that the lawyers are seeking.

The proposal also includes language to hire more public defenders and bars any future collective actions, such as work stoppages, as an antitrust violation. On Tuesday, Healey signed the raise, which is the largest increase in two decades for bar advocates.

“This agreement provides a substantial raise for bar advocates that reflects our commitment to supporting the important work that they do, even in a challenging budget year,” Healey said in a statement after signing. “I’m grateful to the Legislature for their work to pass this supplemental budget as it is important to public safety, due process, and the functioning of our courts.”

Despite the approval, bar advocates have not resumed taking cases. Judges dropped 25 more cases on Tuesday, according to Suffolk County District Attorney Kevin Hayden. Bar advocates held a press conference last week, where several dozen committed to continuing the work stoppage.

“I say to you today and to the leadership, we’re going nowhere,” bar advocate Sean Delaney told reporters after the two-year, $20 wage increase was announced. “Your ridiculous proposal that you put forward yesterday has only strengthened our resolve.”

The Massachusetts Association of Criminal Defense Lawyers (MACDL) agreed that the raise is not enough. They stated that the MACDL will continue to support the tireless advocacy, commitment, and selflessness of the many bar advocates who stand in solidarity to make their voices heard.

“The rates for bar advocates in Massachusetts remain insufficient and will not solve the current constitutional crisis. This legislation does not bring the rate of pay for bar advocates anywhere near the rate of pay for appointed attorneys in neighboring states,” the organization said in a statement.

The MACDL also condemned the antitrust provision and said the increase of funding for the Committee for Public Counsel Services, which organizes bar advocates, deserves “more thoughtful dialogue.”

“At a time when courts are desperate for qualified, experienced attorneys, this proposal does nothing to encourage participation. It does the opposite. It deters it,” the organization said. “We have no intention of backing down from defending the autonomy, integrity, and value of the defense function in Massachusetts.”

As people facing criminal charges continued to be released, Hayden acknowledged what he called a “public safety” concern at an unrelated event Tuesday. Charges against more than 120 people have been dropped in Boston, and several people facing charges, including domestic assault, have been released.

“But we’re working through it. We’re working hard in our office to do the very best we can. We’ve done better and better as time goes on and court’s done better and better in terms of dealing with who should be released or not,” Hayden said. “We’re just going to keep doing our job and doing it to the best of our ability.”