Boston’s justice system is crumbling. Over 120 criminal cases, including violent assaults, were dismissed due to a public defenders’ pay dispute, invoking the Lavallee protocol. This shocking collapse leaves victims betrayed and streets less safe. Why is this happening? Read on to uncover the chaos.
Justice Denied: Courts Crippled by Defenders’ Demands
Since May, public defenders, paid $65 hourly, stopped taking cases, demanding raises to match neighboring states. Consequently, defendants, including those accused of assaulting police and family members, went unrepresented. The Lavallee protocol, established in 2004, mandates dismissal if no attorney is assigned within 45 days. On July 22, Chief Justice Tracy-Lee Lyons dismissed over 120 cases, citing this rule. Prosecutors objected, but the court prioritized constitutional technicalities over justice.
Victims Betrayed: Serious Crimes Go Unpunished
Among the dismissed cases were charges of domestic violence and assault on officers. For example, one suspect allegedly punched a pregnant woman, another threatened to kill a victim. These cases, dismissed without prejudice, can be refiled, but victims face delayed justice. Meanwhile, Suffolk County’s DA vows to retry, yet the immediate threat to public safety grows. The system’s failure punishes the innocent while emboldening criminals.
“The crisis is here,” said bar advocate and Barnstable County attorney Sean Delaney. “Hundreds and hundreds of bar advocates throughout the state have left being bar advocates because they could no longer justify receiving the low hourly rate. And it’s across all panels — District Court, Superior Court, homicides, appeals and mental health.”
Defenders’ Greed: A Pay Raise Over Public Safety?
Public defenders claim they’re New England’s lowest paid, seeking $73 hourly for district cout cases. However, the $60.9 billion 2026 budget, signed by Governor Healey, ignored their demands. Thus, defenders’ work stoppage continues, clogging courts and freeing suspects. While their pay concerns may hold merit, holding justice hostage is reckless. Other states, like Minnesota, resolved similar crises with funding. Why can’t Massachusetts?
Lavallee’s Flaw: A Protocol That Frees Felons
The Lavallee protocol, meant to protect defendants’ rights, now undermines justice. It requires releasing detained suspects after seven days without counsel and dismissing cases after 45 days. It requires releasing detained suspects after seven days without counsel and dismissing cases after 45 days. Over 1,100 unrepresented defendants clog Middlesex and Suffolk counties’ courts. Therefore, more dismissals loom, threatening accountability. The protocol, once a safeguard, has become a loophole for chaos.
Society Pays: The Cost of a Broken System
This crisis exposes a deeper failure. Courts, meant to protect, now release alleged criminals due to bureaucratic standoffs. Victims, especially of violent crimes, deserve better. Furthermore, public trust erodes as justice falters. Lawmakers must act swiftly, funding defenders adequately while ensuring accountability. Otherwise, Boston’s streets risk becoming lawless. Is a pay raise worth this price?
What responsibility do public defenders bear for prioritizing their wallets over victims’ justice?
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