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Justin Dashner Justin Dashner

Massachusetts Criminal Defense Attorneys Walk Off the Job—Here’s Why It Matters to You

Hundreds of criminal defense lawyers are protesting the state's failure to pay a livable wage to bar advocates. Here's why it matters for everyone facing charges in Massachusetts.

On May 28, 2025, hundreds of criminal defense attorneys across Massachusetts staged a work stoppage. This wasn’t a publicity stunt or a political protest—it was a necessary stand for the integrity of our legal system. We did it because the Commonwealth has failed to pay public defenders a livable wage, and justice is already starting to suffer.

If you've ever faced a criminal charge in Massachusetts and couldn’t afford a private lawyer, you were probably represented by a bar advocate. These are private attorneys—like me—who contract with the state to defend indigent clients in district and superior court. The work is demanding, often urgent, and absolutely essential to make the Sixth Amendment a reality.

But here’s the problem: the rates haven't kept up with inflation, with rising overhead, or with the complexity of modern criminal practice. Right now, the base hourly rate for bar advocates in district court is just $65 per hour. For that, attorneys are expected to respond to emergencies, juggle crowded dockets, and provide the same level of care we would offer to any private client. By contrast, Maine currently receives $150 per hour, New Hampshire $125 per hour and Rhode Island $112 per hour.

It’s not sustainable. And more importantly, it’s not fair to the people caught in the system. Chronic underfunding means fewer attorneys are taking bar advocate cases, and the ones who remain are overworked. That leads to delays, overloaded dockets, and worse outcomes for the accused. Justice delayed is justice denied.

If the state wants to keep promising the right to counsel, it needs to actually fund it. Until then, we’ll keep raising our voices.

I was proud to stand with my fellow attorneys in this effort. If you have questions about your rights or need help navigating the criminal legal system in Massachusetts, I’m here to help.

Source: Massachusetts private attorneys, seeking pay raise, refuse criminal defense work

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