BOSTON (AP) — More than 120 criminal cases, including several involving alleged assaults on police officers and domestic violence, were dismissed Tuesday in Boston due to an ongoing public defender pay dispute that has left many defendants without legal representation.
In a nearly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol, which mandates dismissal of cases if a defendant hasn’t had an attorney for 45 days, or release from custody after seven days without counsel. While the protocol had previously been used to release jailed suspects, Tuesday marked the first mass dismissal of cases under the rule.
Most of the cases involved lower-level offenses such as shoplifting, drug possession, and traffic violations. However, some involved serious charges — including a man accused of hitting a pregnant woman, a domestic violence case involving death threats and strangulation attempts, and another in which a suspect allegedly punched a police officer and threatened to shoot him.
Despite objections from prosecutors, Judge Lyons dismissed the cases “without prejudice,” meaning they can be refiled later. “All fines and fees are waived,” she repeated throughout the session. None of the defendants were present in court.
Prosecutors Warn of Public Safety Risk
Prosecutors expressed deep concern over the dismissals.
“This presents a clear and continuing threat to public safety,” said James Borghesani, spokesperson for the Suffolk County District Attorney’s Office. He said the office intends to refile all eligible cases and is working to keep victims informed.
“These are very difficult conversations,” he added. “We remain hopeful that a structural solution will be found to address the underlying issues and prevent a repeat of this crisis.”
Governor Healey: “We Need a Solution”
Democratic Gov. Maura Healey, speaking from Fall River, acknowledged the urgency of the situation.
“This is both a public safety issue and a due process issue,” she said. “People have the right to representation. We need lawyers in court — and yes, they need to be paid fairly.”
Public Defenders Demand Better Pay
The crisis stems from a pay standoff that began in late May, when court-appointed public defenders — often called bar advocates — stopped accepting new cases in protest. They argue that Massachusetts pays them less than any other New England state.
Under a proposal from the state’s public defense agency, hourly rates would rise over two years — from $65 to $73 for district court lawyers, $85 to $105 for Superior Court, and $120 to $150 for murder cases. But no increase was included in the $60.9 billion state budget signed by Gov. Healey earlier this month.
“The dismissals today are the direct result of a constitutional crisis,” said Shira Diner, a lecturer at Boston University School of Law and former head of the Massachusetts Association of Criminal Defense Lawyers. “This isn’t a solution. It’s a symptom of a broken system.”
A National Crisis in Public Defense
Massachusetts is not alone in struggling with public defender shortages.
In Oregon, nearly 3,500 defendants currently lack representation, according to state data. Some have been in custody for weeks. Lawmakers there recently approved more than $5 million in emergency funding to reduce caseloads and train law students to help with misdemeanor cases.
Elsewhere, states like New York, Wisconsin, and Minnesota have also faced mounting pressure to boost pay for legal aid lawyers and reduce unsustainable caseloads.
As Tuesday’s dismissals show, failure to act quickly can have real consequences — not just for defendants, but for victims, communities, and the justice system itself.
