Bar advocates, declining new cases over low pay rates, rally at State House

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A crisis in the state’s indigent criminal defense system reached a tipping point this week as hundreds of private attorneys, known as bar advocates, began refusing new court-appointed cases due to what they describe as unsustainable pay rates. Their action has triggered warnings from legal organizations that the state is teetering on the brink of a constitutional emergency.

Bar advocates — who handle approximately 80 percent of Massachusetts’ indigent criminal defense cases — are paid by the state to represent defendants who cannot afford counsel. But the rates, set by statute, fall well below those in neighboring states and, according to the Massachusetts Association of Criminal Defense Lawyers, no longer support a viable legal practice.

“We are entering a dangerous period where people accused of crimes may be jailed without a lawyer or released without a hearing — not because of the law, but because the Commonwealth has failed to meet its constitutional obligations,” said MACDL President Shira Diner in a statement.

Under Massachusetts law, an individual held in custody without counsel for more than seven days may be released, and if left unrepresented for 45 days, charges could be dismissed. MACDL warned that such outcomes are no longer hypothetical — they are imminent.

The Committee for Public Counsel Services acknowledged the seriousness of the situation and pledged continued legislative advocacy for long-overdue compensation reform. CPCS Chief Counsel Anthony Benedetti said the agency supports the bar advocates’ position and emphasized their indispensable role in fulfilling the Sixth Amendment right to counsel.

“These lawyers provide critical representation to people at some of the most difficult moments of their lives. Their commitment is a cornerstone of public defense in Massachusetts,” Benedetti said.

CPCS has worked closely with legislative leaders in recent years to increase funding and hourly rates for bar advocates. Benedetti praised recent proposals in both the House and Senate that aim to boost compensation, citing the House’s push for millions in additional funding and the Senate’s amendments proposing targeted hourly increases.

Nonetheless, both CPCS and MACDL stress that legislative support must be met with swift, meaningful action to prevent widespread disruption in court proceedings. CPCS is currently coordinating with courts and leveraging its staff public defender offices to maintain representation, especially for in-custody defendants and those facing urgent legal needs.

The bar advocates’ protest reflects a broader national issue: the diminishing pipeline of attorneys willing to work in public defense roles due to low pay and high burnout. The challenge of recruiting and retaining attorneys to work in practice areas that require specialized skills is even greater in states like Massachusetts, where the cost of living is high, CPCS noted.

“This is not sustainable,” Diner said. “It is not just. And it is not worthy of Massachusetts and our proud history.”

Both CPCS and MACDL expressed gratitude to lawmakers, including Rep. Christopher Markey, Sen. Lydia Edwards and Sen. Liz Miranda, for their leadership on this issue. But the organizations cautioned that the legislative proposals, while welcome, are only a first step toward long-term sustainability.

“The people we serve deserve a system that works, and that starts with supporting the attorneys who make it possible,” Benedetti said.