Yesterday, June 30, 2025, the Massachusetts House and Senate adopted the conference committee report on the FY26 budget. MACDL is deeply disappointed that the Committee on Public Counsel Services (CPCS) line-item 0321-1510, which funds the work of the bar advocates, is level funded from FY25 and below the funding level included in the final Senate budget, and that no rate increases were included for bar advocates for any category of cases.

Despite the vital role bar advocates play in protecting the constitutional rights of everyone in the Commonwealth, we believe that this final FY26 state budget does not reflect the value or urgency of this work. The chronic underfunding of indigent defense not only undermines the right to counsel guaranteed by the Sixth Amendment but also perpetuates systemic inequities in our justice system. This year’s budget was a critical opportunity to invest in fairness, justice, and the essential infrastructure of public defense.

Throughout this budget process, members of the legislature have heard from bar advocates across the state about the realities of day-to-day work representing poor people accused of crimes in record numbers. Bar advocates have boldly told their stories and courtrooms across the Commonwealth with no bar advocates accepting new appointments have told the story of the failure to hear the cry of Gideon’s trumpet.

MACDL is deeply grateful to those legislators who fought for increases to bar advocates and to the CPCS line items, and urge all our elected leaders including Governor Healey, to recognize that adequate funding of indigent defense is not optional. It is required to ensure that every person, regardless of income, has meaningful access to competent legal representation. Massachusetts must do better.

MACDL will continue to fight alongside you for the resources, respect, and recognition that all criminal defense lawyers deserve. We encourage you to speak out and stand with bar advocates as we push for a fair and equitable indigent defense system.

We look forward to working together with CPCS and our legislative leaders towards rate reform that is meaningful and can get the bar advocates back to work doing the work they love. We believe that there is a path forward and that it will lead to a more equitable and just system for all involved.

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