Judges in Massachusetts have been forced to dismiss over 100 cases against indigent defendants due to a shortage of defense attorneys.
Public defenders in the state have refused to take on new cases, arguing that they are unable to make a living due to low wages.
From The New York Times:
A work stoppage by lawyers who represent indigent defendants in Massachusetts courts has triggered a growing crisis, as judges are forced to dismiss cases against people who have been accused of crimes, including violent offenses, and have no legal representation.
The impasse between the state and the lawyers, who are seeking higher hourly wages, reached a critical juncture last week when judges dismissed 102 criminal cases in Boston and the surrounding Suffolk County. The judges acted under a state law that says defendants must be released from custody after seven days if they needed a court-appointed lawyer and were unable to get one, and the charges against them must be dismissed entirely after 45 days if they still have no lawyer assigned.
One of the defendants who was released from custody was accused of pointing a gun at the mother of his child as she held their baby. Another defendant, a woman, was accused of spraying cologne on her nephew and then using a lighter to burn his arm.
“We consider this an extraordinarily dangerous moment for the public,” said Jim Borghesani, a spokesman for the Suffolk County District Attorney. “We are informing victims and witnesses that these cases are being dismissed, and those are very difficult conversations — they want justice, and we want justice for them.”
More than 120 criminal cases in Boston were dismissed Tuesday due to the absence of legal representation for the defendants. https://t.co/qRSHTqgit6 pic.twitter.com/hV2j7nmoYq
— Ground News (@Ground_app) July 28, 2025
The cases were dismissed without prejudice, which means charges could still be brought against the defendants at a later date. WBUR reported that the charges included trespassing, drug trafficking, domestic violence, assault and battery with a dangerous weapon.
The Committee for Public Counsel Services (CPCS) said that nearly 2,700 defendants have not received a court-appointed attorney. About 148 are currently being held without legal representation.
The state relies heavily on public defenders, who handle about 80 percent of indigent defense cases. Public defenders are currently paid $65 per hour, which is among the lowest rates in the New England area. To give some perspective, public defenders can earn $112 per hour in Rhode Island, $125 in New Hampshire, and $150 in Maine. Private practice lawyers earn up to $300 per hour or more.
The disparity has led to a work stoppage that started in May. The latest budget did not include pay increases for public defenders.
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