Former Massachusetts police chief calls lawyer work stoppage "irresponsible" as more defendants could be set free
Eighteen more criminal defendants in Massachusetts are scheduled for hearings on Wednesday in Middlesex and Suffolk counties, after which they could be released from jail. Some are accused of assault and battery, stalking, trafficking fentanyl, and more.
They could be released because they haven't had a lawyer for more than seven days, due in part to a work stoppage by private attorneys.
On Monday, four defendants were released from jail after Boston Municipal Court hearings.
Private defense attorneys, known as bar advocates, who cover 80% of indigent client cases, have not been working since Memorial Day, to protest hourly wages that are less than half the rate of neighboring states.
"It's selfish and greedy"
"It's very irresponsible. It's selfish and it's greedy," said John Carmichael, the former police chief in both Walpole and Newton. "Of course there is [a public safety concern]. When you have drug dealers and domestic abusers and whatever else that might be walking out the door. You don't know what their criminal history is, that affects public safety overall."
"You don't just get to not come to work, because the whole system breaks down," he added. "The police officers are out in the street doing their job, the judges, the court officers, the prosecutors… We don't get to walk out the door because we aren't getting paid enough."
In response to the criticism, Attorney Shira Diner of the Mass. Association of Criminal Defense Lawyers encouraged other stakeholders to help advocate for better pay.
"Help us get the pay up"
"I would say back to them, help us get the pay up. Help us make sure we have a system that functions," she said. "I think it indicates how deep a problem this is, but this has been a problem for so many years that Massachusetts political entities are just kind of used to bar advocates, saying 'OK I'll take the really low pay, and I'll do it because I believe in the work.'"
WBZ-TV spent a few hours at the Massachusetts State House Tuesday but had no luck getting any in person responses from the governor, attorney general, Senate president, or House speaker.
In a statement, a House spokesperson said, "The right to legal representation is a crucial element of the Constitutional guarantee to a fair trial. At the same time, the House has a responsibility to Massachusetts taxpayers to ensure that we budget in a fiscally responsible manner, especially during this period of significant economic uncertainty. The House will continue to monitor the situation with that context in mind."
Governor Healey's spokesperson later sent a statement that read, "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. Governor Healey 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."
"Get back to work"
Finally, State Senator Michael Rodrigues sent WBZ a statement saying, "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. 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."
Bar advocates told WBZ they are lobbying and having conversations with lawmakers about a pay raise.