Posted on 07/24/2025 10:30:27 AM PDT by E. Pluribus Unum
BOSTON (AP) — More than 120 cases, including some for assault on family members and police, were dismissed Tuesday in Boston, the latest fallout from a monthslong dispute over pay that has led public defenders to stop taking new clients.
At a mostly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol in dismissing case after case. It requires cases be dropped if a defendant hasn’t had an attorney for 45 days and released from custody if they haven’t had one for seven days. Tuesday was the first time it was invoked to drop cases, while suspects in custody have been released in recent weeks.
Most were for minor crimes like shoplifting, drug possession and motor vehicle violations.
But several involved cases of assault on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who threatened to kill her and tried to strangle her. A third case involved a suspect who allegedly hit a police officer and threated to shoot him.
The judge, repeatedly invoking the Lavallee protocol, dismissed almost all of the cases after being convinced public defenders had made a good-faith effort to find the defendants an attorney. No defendants were in court to hear their cases being dismissed.
“This case will be dismissed without prejudice,” Lyons said repeatedly, noting that all fines and fees would be waived.
Frustration from prosecutors over dropped cases
Prosecutors unsuccessfully objected to the dismissal of many of the cases, especially the most serious being dismissed.
“The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety,” James Borghesani, a spokesperson for the Suffolk County district attorney’s...
(Excerpt) Read more at apnews.com ...
All the shysters are too busy defending the Kilmar Abreyo Garcias and MaMud Khalil’s of the world. They are being paid with taxpayer dollars. That’s where all the big money is.
That’s on Marxist, racist Mayor Wu. At least as far as I’m concerned, a real tool. Actually it was probably the plan all along, supporting the criminals.
Who cant get an attorney ???
The judge will give them an attorney...
He’ll appoint someone...
A lack of an attorney was never meant to preclude one from facing justice.
the latest fallout from a monthslong dispute over pay that has led public defenders to stop taking new clients
The only ray of sunlight:
These cases were ‘dismissed without prejudice”, meaning,
(I think) that even though dismissed for the present, the plaintiff can refile the same lawsuit at a later date.
However, there may be a limited time to refile; (Statute of limitations).
In MA there are public defenders who are employees of the state. Then there are “Advocates” who are private contractors acting as attorneys just like a PD.
The Bar Advocates haven’t had a raise in their hourly price in literally decades. This has been an issue for a long time. The hourly rate is not really enough to cover self employment taxes, legal libraries, law insurance, health insurance, and office rent.
So, they are not working. A lot of them have other work they can do for higher pay. Because they are not picking up defendants, the state cannot prosecute those defendants because they are guaranteed an attorney. As a result, the local judge dismisses the case.
I know there are a lot of people who just think the “criminals” should just go to jail. But that is not how our system works. Sometimes the cops don’t arrest the right guy or follow the right procedures.
If the state is going to use “contract” employees, they should pay them a wage that keeps up with the marketplace over the past couple of decades. But, Gov Healy just thinks it’s OK to let these folks walk.
Nope…that is not how it works in MA. If there is no one there to appoint, the criminal goes free.
Why do the criminwls need lawyers in MA anyhow? It’s a woke state and doesn’t punish.
These are not public defenders. Public defenders work for the state. They are employees.
The bulk of these cases are handled by Bar Advocates. They are contractors who are not employees—they are 1099 folks. The hourly pay rate for them has been $65/hour for about 20 years or so. That is not enough to run an independent law practice.
The is a HUGE difference between a Public Defender and a Bar Advocate.
Here is a job that Americans won’t do, so we need to bring in illegal alien lawyers to defend these accused people.
I know there are a lot of people who just think the lawyers, as, a whole are overpaid.
There fixed it.
There are plenty of folks who would like $65 an hour.
I dont care what side of the political fence you’re on. This will pi$$ off everyone...except the criminals. Someone people really need to be prosecuted themselves for letting this happen. Change the fkg law if necessary. Keep em locked up.
I thought there are court appointed atty’s for those that cannot afford one.
About 40 years ago, the attorneys doing court-appointed CJA (Criminal Justice Act) cases in the District of Columbia decided to go on strike and not accept any new cases for the same reason. I was there at the time. The court and the U.S. Attorney went ballistic and tried to discover who had actually organized the strike, but despite their aggressive inquiries, no one knew a thing about it.
That's what the article explains, but whatever you do, do not read a single word of it.
I was going on the click bait headline.
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