Hundreds of cases against unrepresented people facing criminal charges in Suffolk and Middlesex counties might be dropped by the end of the month due to an ongoing work stoppage by public defenders, the Supreme Judicial Court ruled Thursday.
Most of the constitutionally required representation for defendants who cannot afford their own in Massachusetts is provided by bar advocates, who are not state employees but private attorneys. In May, bar advocates stopped taking on indigent cases to fight for higher hourly wages, which are set by the legislature.
In a 25-page order filed Thursday invoking an emergency protocol, Associate Justice Dalila Argaez Wendlandt ordered judges to release unrepresented defendants who have been in custody for more than seven days. Judges can also dismiss the case against a defendant who has been facing a felony, misdemeanor, municipal ordinance violation charge for more than 45 days without counsel.
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