Massachusetts Defense Lawyers Warn of Impending Crisis as Bar Advocates Halt Case Acceptance Due to Unsustainable Pay
FOR IMMEDIATE RELEASE
May 27, 2025
BOSTON, MA – The Massachusetts Association of Criminal Defense Lawyers (MACDL) stands in full solidarity with bar advocates who are refusing to take additional court-appointed cases as a result of the unsustainably low compensation rates. Bar advocates—independent attorneys appointed by the state to represent low-income defendants—currently handle approximately 80% of indigent defense in Massachusetts. These dedicated attorneys—who serve as the frontline defenders of constitutional rights for indigent clients—are paid out of the state budget at a rate set by statute which is significantly less than their counterparts in every neighboring state. The result is an unfolding crisis that threatens the very core of due process in Massachusetts. Massachusetts now stands at the edge of a constitutional crisis—one that threatens the stability of the criminal legal system itself.
MACDL warns that the state’s ongoing failure to adequately fund indigent defense is putting due process in jeopardy. With many bar advocates stepping back from defending indigent clients because of the drastically low compensation, courts will increasingly be unable to assign counsel to individuals held in custody. Under Massachusetts law, individuals held without counsel for more than seven days may be released from custody, and if they remain without representation for 45 days, the charges may be dismissed. That outcome is no longer hypothetical—it is imminent.
“We are entering a dangerous period where people accused of crimes may be jailed without a lawyer or released without a hearing—not because of the law, but because the Commonwealth has failed to meet its constitutional obligations,” said MACDL President Shira Diner. “This is not sustainable. It is not just. And it is not worthy of Massachusetts and our proud history.”
The situation is all the more urgent in a time of political unrest, the erosion of civil liberties, and a growing mistrust in the legal system. Access to competent, zealous legal representation is a cornerstone of a functioning democracy. When that access becomes unavailable for those who cannot afford a lawyer, justice itself begins to unravel.
MACDL is deeply grateful for the leadership in the House and Senate, especially Representative Christopher Markey, Senator Liz Miranda, and Senator Lydia Edwards for recognizing the need for increased funding for bar advocates. The attention they have devoted to this cause recognizes the essential role these attorneys play and the need for immediate investment to preserve that role.
But more must be done. The criminal legal system cannot function without defense lawyers. The state must take swift, decisive action to raise bar advocate rates to levels that reflect the gravity and complexity of their work. The alternative is a hollow system in which rights exist only on paper.
MACDL remains committed to working with policymakers, the courts, and the public to find a path forward—one that ensures fairness, safeguards constitutional rights, and maintains public trust in the rule of law.
To download/print the full text of the press release click the image below
