FOR IMMEDIATE RELEASE
June 9, 2025
Constitutional Crisis Deepens: Hundreds in Massachusetts Now Without Court-Appointed Lawyers as Indigent Defense System Buckles.
BOSTON, MA – Two weeks after the Massachusetts Association of Criminal Defense Lawyers (MACDL) warned of a looming crisis in the Commonwealth’s indigent defense system, the crisis is no longer theoretical—it is unfolding in real time, and the numbers are troubling.
People in Courts across the state are currently being held in jail with no lawyer assigned to their case, and others remain unrepresented. As of last week, at nearly 40 people in Boston are held in custody without a lawyer, and more than 150 people in total remain unrepresented. In Middlesex County, 16 people are being held without lawyers, and 90 people accused of crimes are awaiting the appointment of an attorney. Outside of these two counties, there are many others who remain locked in custody with no one as their voice.
“This is a full-blown constitutional breakdown,” said MACDL President Shira Diner. “The right to counsel is not a luxury. It is a bedrock principle of our justice system, guaranteed by the Sixth Amendment and by Article 12 of the Massachusetts Declaration of Rights. When people are jailed without lawyers, the system ceases to be just—or constitutional.”
The recent refusal of bar advocates to take additional court-appointed cases stems from compensation rates that lag far behind those in neighboring states. While the refusal to take new cases is a new decision by hundreds of lawyers, the problem has long persisted. The unsustainable pay structure has led to an exodus of experienced attorneys and an inability to recruit new ones—with the result that hundreds of accused individuals find themselves in legal limbo.
Individuals who are in custody for more than seven days without representation may be released under Massachusetts law. The failure to assign counsel within that timeframe is now forcing courts into untenable choices: violate a person’s constitutional rights or release them without the due process protections of a hearing and legal advocacy.
“People accused of crimes are sitting in jail cells without a lawyer.” Diner continued.”Others are missing crucial opportunities to gather necessary evidence and are left with nothing but uncertainty. Neither outcome is acceptable in a society that claims to value justice.”
MACDL again expresses deep appreciation to the members of the Legislature who have acknowledged the need for increased funding for bar advocates in the state budget. But the window for meaningful action is rapidly closing.
The Legislature must move with urgency to stabilize and repair the indigent defense system before further damage is done. This is not just a funding emergency—it is a constitutional emergency.
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