Massachusetts Public Defenders Stage Strike for Better Pay

A public defender is a private lawyer appointed by the court to represent a defendant who cannot afford to hire a private attorney. In Massachusetts, these private lawyers, members of the Massachusetts Bar Advocate Program, are employed by the government to represent indigent clients in criminal cases.

The Commonwealth pays public defenders, but not nearly as much as other states do, and the Massachusetts advocates are refusing to take new cases until the compensation improves.

An MBA press release says Massachusetts pays public defenders $65 per hour for District Court and $85 for Superior Court counsel.

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Rhode Island's base rate is reportedly $112-142. In Maine, it's $150, while New Hampshire pays $125-150 and New York $158, according to the MBA.

Boston Public Broadcast station WGBH says, "These contracted attorneys represent about 80% of the criminal defendants who cannot afford an attorney; the Committee for Public Counsel Services represents the other 20%."

Boston's WCVB TV reports, "The effects of the strike are already being felt in Massachusetts courtrooms." The station says a Boston judge informed at least one defendant that he could not be assigned a court-appointed attorney at this time, delaying the case for at least five days.

Springfield's WWLP TV says, "Massachusetts has around 2,600 bar advocates, and all who are able are refusing to take on additional cases until their pay is raised."

The MBA says the low pay has led some bar advocates to move to other states or leave public defense altogether.

The Massachusetts Legislature, which is embroiled in the fiscal year 2026 budget debate, must approve any pay increase for public defenders.