Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
Legislators propose pay raise for bar advocates to end work stoppage
Lawmakers are proposing a $10 increase to the hourly wage this year and another $10 increase next year for the court-appointed defense lawyers.
Lawmakers have proposed a pay raise for court-appointed defense lawyers, or bar advocates, to end their work stoppage that has led to the dismissal of charges against more than 120 defendants.
In Massachusetts, most of the constitutionally required representation for defendants who cannot afford their own is provided by bar advocates, who are not state employees but private attorneys. In May, bar advocates stopped taking on indigent cases to fight for higher hourly wages, which are set by the legislature.
Earlier this month, the Supreme Judicial Court invoked the Lavallee protocol to order 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. Charges were dropped against more than 120 people in Boston last week, and several people facing charges, including domestic assault, were released.
Advertisement:
In an agreement unveiled Wednesday, lawmakers are proposing a $10 increase to the hourly wage this year and another $10 increase next year, according to The Boston Globe.
“What we are doing over a two-year period is giving a significant pay raise to the bar advocates,” House Ways and Means Chair Aaron Michlewitz, of Boston, said, per the Globe. “We feel that no one ever gets 100 percent in what they ask for, but this is a significant step in resolving that issue.”
Currently, the lowest-paid bar advocates make $65 an hour in Massachusetts, the lowest wage for bar advocates in New England. Superior Court lawyers make $85, and lawyers handling murder cases make $120 an hour. The last raise, from $60 to $65, was in 2022 for district court lawyers, and bar advocates were seeking a $35 an hour wage increase this year.
Advertisement:
The Committee for Public Counsel Services, which organizes bar advocates, said in a statement that the proposed increase to counsel compensation “represent(s) the most significant progress ever made toward improving Bar Advocate pay and strengthening the statewide right to counsel.”
“This proposal is a critical starting point, and we will work 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,” CPCS Chief Counsel Anthony Benedetti said.
The agreement, the Globe reported, would also include language that lays out minimum requirements and bars any future collective action, like work stoppages, as an antitrust violation. CPCS also noted that the lawmakers are working to expand in-house staffing capacity over time.
“Increasing our internal resources will help ensure greater stability and continuity in the delivery of legal services to those who need them most,” Benedetti said. “Our focus remains on our clients, individuals whose liberty, families, and futures are on the line every day.”
The lawmakers will vote on the measure Thursday, the Globe reported.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com