Work stoppage leaves some Acton defendants lawyerless in court
Bar advocates have refused new assignments since May 27, citing the lack of a pay increase.
At least 23 defendants have appeared in Acton District Court without legal representation since late May, according to the Committee of Public Counsel Services. It’s part of a growing crisis in Massachusetts’ public defense system as bar advocates continue a coordinated work stoppage over low pay.
Bar advocates — private attorneys who take court-appointed cases for low-income defendants — have refused new assignments since May 27, citing the lack of a pay increase.
“This is not a strike,” said Mara Dolan, a member of the Governor’s Council and a bar advocate who works out of Acton. “These are independent contractors who are simply not accepting cases.”
Under a recent order from the Supreme Judicial Court, individuals held in custody without an attorney for more than seven days must be released. If a case remains unresolved for more than 45 days without counsel, it must be dismissed without prejudice, meaning charges can be refiled.
At press time, two Acton defendants were expected to have met the threshold for dismissal. None of the Acton defendants are being held in custody.
Dolan, who is not taking on any new clients in coordination with the work stoppage, said the pay rate — $65 per hour in district court — has driven many attorneys to stop taking public cases altogether.
“They can’t afford to work at the current rate,” she said. “They have to pay for their offices. They have to pay for all of their office supplies. They have to pay for their own professional liability insurance. They have to pay for their own health insurance.”
Parity and policing
Robert Normandin, another bar advocate who takes Acton cases, said he doesn’t see the stoppage ending unless the compensation gets close to what a nearby state offers.
“I don’t think any proposal that doesn’t get us close to New Hampshire, $125, is going to be successful,” he said. “I would think in the vicinity of what New Hampshire pays is the rate that we really should be taking.”
Carlos Rojas, assistant clerk-magistrate at Acton District Court, which in addition to Acton serves Acton, Bedford, Carlisle, Lexington, Lincoln, Maynard, and Stow, said no one at the court could comment on the ongoing work stoppage.
Jennifer Donahue, a spokesperson for the Massachusetts court system, did not immediately respond to questions.
Acton Police Capt. Brian Goldman said the police department has seen no procedural changes.
“Our role and function hasn’t changed,” Goldman said in an email to The Bridge. “We arrest, charge, and process individuals without any changes. The legal counsel representation piece begins at arraignment and doesn’t involve or affect us directly. Therefore, we continue to operate as business as usual. No unnecessary delays in transporting arrestees to the court.”
In a statement provided to The Bridge, Gov. Maura Healey’s spokesperson Karissa Hand said the administration is monitoring the situation closely.
“Bar advocates do incredibly important work to make sure that everyone has their due process rights protected, and they deserve to be paid a fair wage,” Hand said.
Healey, she said, “is concerned about the negative public safety impacts of this work stoppage. She urges all those impacted to work together to reach a resolution and ensure that all defendants receive the representation to which they are entitled.”
If the state doesn’t act soon, Dolan said, “There are more advocates who are gone, and they are not coming back unless the rate is raised. So the attorney shortage will worsen.”
