Mass. lawmakers announce deal to raise bar advocates' pay

Driving the news: Lawmakers agreed to fund raises for private bar counsel by $20 an hour over two years.

• That would take a public defender in district court, for example, from $65 an hour to $75 an hour starting Friday and up to $85 on Aug. 1, 2026.
• The changes would boost an annual pay starting at $150,000 to $260,000 over the next two fiscal years.

Zoom in: Lawmakers are allotting $40 million to the Committee on Public Counsel Services.

• The funding should enable the agency to hire 320 new public defenders by the end of fiscal 2027, effectively doubling its workforce, lawmakers say.

Context: The deal comes two months after private attorneys stopped taking court-appointed cases, protesting the current pay rate.

• They said their pay falls below the rates in neighboring states.
• Those attorneys represent 80% of defendants who can't afford legal representation, NBC Boston reported.
• The remaining 20% is handled by the Committee for Public Counsel Services, which has seen a deluge of requests in light of the work stoppage.

What they're saying: Robert McGovern, spokesperson for the Committee for Public Counsel Services, called the proposal a "critical starting point" and urged Gov. Maura Healey to sign the spending bill when it reaches her desk.

• "We will work to build on this momentum in future budgets to ensure that bar advocate compensation continues to reflect the value of their work," he said in a statement.
• Mike Avitzur, director of government relations at the Boston Bar Association, said the deal "should go a long way in addressing the chronic shortage of available defense counsel that's straining our legal system."

Mara Dolan, a former public defender who serves on the Governor's Council, raised concerns that the pay increase may not be high enough to bring back all the bar advocates and meet the needs of defendants who can't afford lawyers.

• "I think it is settled for now," Dolan told Axios. "The question is whether the legislative remedy is sufficient to meet the constitutional need."

The fine print: The Supreme Court invoked a state doctrine known as the Lavallee protocol, which requires that indigent defendants held for at least seven days without representation must be released.

• If those defendants don't have representation within 45 days, the charges against them are dismissed, NBC Boston reported.
• But the protocol only applies to Suffolk and Middlesex counties.

By the numbers: 3,196 people remain unrepresented in Massachusetts courts, including 145 people who are currently behind bars, per the CPCS.

• McGovern urged bar advocates to resume taking cases on behalf of clients whose rights are at risk.

What's next: The House and Senate plan to take up the revamped spending bill Thursday.

• Then it's up to Healey to sign the bill so the pay raises can take effect.