Over 120 criminal cases, including some involving domestic violence and assault on police, were dismissed Tuesday in Boston as a result of a prolonged pay dispute that has led public defenders to stop accepting new clients.
In a mostly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons cited the Lavallee protocol—a court ruling requiring dismissal of cases if a defendant has gone 45 days without a lawyer, or release from custody after seven days without counsel. While the rule has recently been used to release suspects from jail, this marked the first time it led to a mass dismissal of cases.
Most of the dropped charges were for non-violent offenses such as shoplifting, drug possession, and traffic violations. However, some cases involved serious allegations:
- One man was accused of punching his pregnant girlfriend in the stomach and slapping her.
- Another defendant allegedly tried to strangle and kill the mother of his child.
- A third reportedly assaulted a police officer and threatened to shoot him.
Judge Lyons dismissed the cases without prejudice, meaning they could be refiled later. She emphasized that public defenders had made a good-faith effort to find representation for the defendants, none of whom were present in court. All related fines and fees were waived.
Prosecutors Push Back
Prosecutors voiced strong objections to many of the dismissals, particularly the more serious charges.
“This wave of case dismissals—and the likelihood of many more—poses a clear and ongoing risk to public safety,” said James Borghesani, spokesperson for the Suffolk County District Attorney’s Office. He said prosecutors plan to re-prosecute the dismissed cases and are working to keep victims informed, calling the situation “deeply concerning.”
Governor, Advocates Call for Urgent Action
Governor Maura Healey acknowledged the crisis during remarks in Fall River, calling it both a public safety and due process issue.
“We need lawyers in court, and they deserve to be paid fairly,” Healey said. “The parties must find a resolution.”
The conflict stems from low pay rates for public defenders, who say they are the worst paid in New England. In May, many stopped taking new cases to pressure lawmakers into approving higher compensation. The state agency overseeing public defenders had proposed the following pay increases:
- From $65 to $73/hour for district court attorneys
- From $85 to $105/hour for Superior Court cases
- From $120 to $150/hour for murder cases
However, the recently signed $60.9 billion state budget for fiscal year 2026 did not include any raises.
“This crisis will only worsen until there are enough lawyers to meet the constitutional right to counsel,” said Shira Diner, a Boston University law lecturer and past president of the Massachusetts Association of Criminal Defense Lawyers.
A National Challenge
Massachusetts is not alone. Across the U.S., states are struggling to fund public defense systems:
- In New York City, legal aid attorneys have called for better pay and working conditions.
- In Wisconsin, the 2025–2026 budget raised salaries for both public defenders and prosecutors.
- Minnesota narrowly avoided a public defender strike in 2022, prompting the legislature to boost funding the following year.
- Oregon is grappling with a severe attorney shortage: As of Tuesday, nearly 3,500 defendants lacked representation, including 143 people in custody.
To ease the crisis, Oregon lawmakers recently approved $2 million to help defense attorneys take more cases and $3 million for law schools to train students to handle misdemeanors.
The situation in Boston may be one of the clearest signs yet that underfunded public defense systems carry serious legal and public safety consequences—both for defendants and the communities around them.
