Criminal cases dismissed amid Mass. attorney strike
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Massachusetts courts dismissed over 100 criminal cases as defendants remain without legal representation during the ongoing attorney work stoppage.
Why it matters: Bar advocates are still striking over their $65-an-hour pay, and 80% of indigent defendants don't have lawyers in court.
- In the meantime, defendants who can't afford their own lawyers are being allowed to go free.
- It's a constitutional crisis in a teacup, affecting due process and public safety in Massachusetts.
By the numbers: 130 dismissal hearings were scheduled Tuesday in Boston and BMC First Justice Tracy-Lee Lyons dismissed more than 100 of the cases.
- 447 additional defendants are awaiting similar proceedings in Middlesex County.
- Dozens of defendants have already been released from custody since the beginning of the work stoppage.
The fine print: Emergency legal protocols in effect automatically dismiss cases after 45 days without counsel.
What they're saying: "This case shall be dismissed without prejudice today," Lyons said Tuesday when dispensing with the case against a man accused of domestic violence, according to the Globe.
- The dismissed cases can be refiled once the work stoppage is resolved.
- As the cases are dismissed, so are orders to protect victims or to monitor defendants' travel.
Catch up quick: Legislative leaders removed bar advocate pay increases from this year's state budget. Now, domestic violence and assault defendants could see their cases dismissed before trial.
The bottom line: There's no resolution in sight as legal requirements collide with Beacon Hill's budget reality.
- Hundreds of criminal prosecutions are on the line.