Over 100 criminal cases — including violent ones — were tossed out in Massachusetts because defendants couldn’t get a lawyer. Striking court-appointed attorneys say they’re paid too little to keep working.
Key Facts:
- More than 120 criminal cases were dismissed on July 22 in Boston due to lack of legal representation.
- Over 2,700 defendants in Massachusetts are currently without a lawyer.
- Bar advocates, who handle 80% of public defense work, have been on strike since Memorial Day.
- Massachusetts pays bar advocates $65/hour, far less than neighboring states.
- State lawmakers and bar advocates have not reached a funding agreement, with a request estimated at $100 million.
The Rest of The Story:
The legal system in Massachusetts is under pressure as hundreds of criminal cases are at risk of being dismissed.
Already, over 120 cases were thrown out in Boston because the defendants lacked court-appointed lawyers.
These include not only minor charges but also serious allegations like assault, domestic violence, and threats against police officers.
Under state rules, if a defendant doesn’t have legal counsel within seven days, they must be released.
After 45 days, their case can be dismissed — though it can be refiled later.
This technicality has turned into a legal loophole due to a prolonged work stoppage by bar advocates.
These bar advocates are private attorneys contracted by the state to represent defendants who can’t afford a lawyer.
They’ve stopped accepting new cases in protest of their low pay, which remains far below what nearby states offer.
One advocate said, “Our instinct is to represent clients… we’ve been doing it for a long time at a very subpar rate.”
Despite the growing crisis, no deal has been reached between lawmakers and the advocates.
State Senate President Karen Spilka urged the lawyers to return to work but provided no concrete solution to resolve the standoff.
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
Commentary:
Massachusetts is failing on one of the most basic functions of government: ensuring public safety through due process.
The state relies on private attorneys — not salaried public defenders — to take on the bulk of indigent defense.
And it compensates them with an hourly rate that’s embarrassingly low.
Let’s be honest — $65 an hour for courtroom legal work in one of the most expensive regions in the country is insulting. These are professionals with legal degrees, overhead costs, and families to support.
They could make double or triple that rate doing civil or corporate law. The message from the state seems clear: your work doesn’t matter unless someone dies.
Even worse, this inaction by lawmakers is now punishing victims. Cases involving domestic violence, threats against police, and attempted murder have already been dismissed.
These aren’t harmless infractions — they’re serious crimes. And they’re being thrown out not because of lack of evidence, but because there’s no one to represent the accused.
Meanwhile, police departments are left spinning their wheels. Officers arrest suspects, prepare reports, and testify in court, only to see the charges vanish.
Prosecutors build cases, only for the whole thing to collapse without defense counsel present. It’s a waste of time, taxpayer money, and justice.
What’s stopping the legislature from fixing this? Apparently, $100 million is too high a price for justice.
But letting violent criminals walk free seems even more expensive. If lawmakers had to explain to each victim why their attacker won’t be prosecuted, maybe they’d move faster.
There needs to be an emergency workaround. One option: allow bar advocates to return to work under the agreement that they’ll receive retroactive pay once a deal is finalized.
That keeps the courts moving and prevents another wave of dismissals. In the end, Massachusetts has created a system where justice hinges on legislative gridlock.
And in that void, it’s the victims — and public safety — who lose.
The Bottom Line:
Massachusetts is in crisis as over 100 criminal cases have been dismissed due to the absence of public defenders.
Bar advocates have stopped work over pay that is significantly lower than neighboring states.
The legislature has failed to resolve the issue, leaving victims without justice and dangerous offenders walking free.
Without action, the legal system will continue to unravel.
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