Among roughly fifteen hearings in Lowell District Court on Wednesday, representing defendants from Lowell, Somerville, and Chelsea, three more criminal defendants were released from jail.

This release is a requirement, because these defendants haven't been represented by a lawyer and have been held for more than seven days. 

On Monday, four defendants were released from jail in Boston as these hearings began.

Bar advocates, private defense attorneys who take on 80% of court-appointed work, are currently refusing to take new clients in protest of poor pay. They make less than half the going rate to neighboring states.

The work stoppage has drawn criticism from legislators and former police chiefs, who acknowledge that there is a public safety risk by letting alleged criminals out on the streets because there aren't enough lawyers to represent them.

What the defendants are accused of

On Wednesday, a man accused of stabbing someone in an armed robbery, a woman accused of drug dealing, and another woman accused of beating someone with a BB gun were all released from jail. CPCS, the group that represents full time public defenders, could not take on their cases – either due to capacity issues or a conflict of interest, leaving the indigent clients without representation.

"It's hard for all of us. Our instinct is to represent clients… we've been doing it for a long time at a very subpar rate," explained Jamal Arturi, a bar advocate who watched the hearings in Lowell Court on Wednesday. "The legislature is the only institution that can make this end. The legislature got used to people just showing up for $65 an hour."

Legislators have indicated no plans to give the lawyers a pay raise.

"It is time for private bar attorneys to get back to work and come to the table in good faith to discuss this issue directly with us.  We are ready and willing to work with them, but a pre-emptive work stoppage serves only to harm victims, defendants, and the overall justice system," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means.  "This recent situation was brought to our attention mere weeks ago, highlighting a need for productive conversations about both the rate of pay and the utilization of an equitable and sustainable system. The advocates withholding representation from indigent defendants, who are Constitutionally guaranteed the right to an attorney and legal due process, are grinding the wheels of justice to a halt in an effort to force an increase in their own pay."

Teen accused of hitting trooper nearly released

The situation could soon get more dangerous. 

On Wednesday, a teenage boy was nearly released due to a conflict of interest at the public defender's office. He is accused of nearly killing a state trooper on Revere Beach last month by striking him with a stolen motorcycle. Judge John Coffey of Lowell ordered the public defender's office to work harder to find him an attorney, and kept him in jail for now.

On Thursday, the work stoppage will hit the 45-day mark. At this point, some criminal defendants who have not had counsel that entire duration will qualify to have their cases dismissed – at least temporarily.

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