December 5, 2005
Mass Lawyers Weekly Editorial on paying for indigent defense work
Press Section of the website has new articles on indegent defense issues around the nation.
November 13, 2005
Several articles in newspapers have been published, and are in the "Press" section
The changes to Mass Law for Melanies Law, showing additions in bold, and deletions (thanks to MACAA Clerk Nancy McLean for preparing the documents) for:90 sec 24
90 sec 24D
90 sec 24G
90 sec 23
90 sec 12
265 sec 13 1/2
266 sec 139
90 sec new
October 14, 2005
Statehouse News reports on the Supplemental Budget. The Supplemental Budget is H4440.
Statehouse News reports resignation of Brian Knuuttila, with a note of his role in the indigent defense legislation.
Boston Globe reports on pay increases for Judges, cites need to compare with a cost of living analysis
October 13, 2005
New Bedford Standard Times front page article on a Not Guilty verdict, by a bar advocate
October 12, 2005
State Representative Brian Knuuttila resigns to take chief counsel position at jail
September 25, 2005
Mass Lawyers Weekly article on what Bar Advocates will miss...
Mass Lawyers Weekly celebrates up and coming lawyers and their supportersSarah Connor and husband Steve [photo only]
Tom Workman presents Legislative Proclamation honoring Sarah Connor [photo only]
Sarah Connor and Mass Lawyers Weeky editor David Yas [photo only]
Catherine Hinton and Mass Lawyers Weekly Editor David Yas [photo only]
David Nathanson and Gary Zalkin [photo only]
2005 Up and Coming Lawyers [photo only]
Tom and Ginny Workman [photo only]
September 10, 2005
Representative Vallee introduces bill (See section 7 of H869) that would dismantle the bar advocate program.
Salary for Assistant District Attorney bill would set step function pay for experience, with a minimum of $65K salary at 10 years, see H822
Aniston Alabama Star publishes letters to the editor from Deborah Butler and Thomas Workman
Economic Policy Institute confirms Boston, Mass is most expensive city in the country to live
August 29, 2005
Massachusetts Lawyers Weekly honors court-appointed attorneys:MACAA Clerk Sarah Connor, Durchanek Law Offices [PDF with photo]Massachusetts Lawyers Weekly Letter to the Editor: Cost of Rehabilitation is 'Money Well Spent', by Debora Butler
Catherine J Hinton, Rankin & Sultan
David J Nathanson, CPCS
Gary S. Zalkin, Solo Practitioner
USA Today front page article on indigent defense, favorably references Massachusetts system of delivery
SJC rulings on Massachusetts interpretation of Crawford v Washington cases:Commonwealth v William Foley (tried by Bristol Bar Advocate Tom Workman)
Commonwealth v Jorge Rodriguez (Appealed by Bristol Bar Advocate and Staff Attorney Melissa Ellis)
Commonwealth v Hermany Gonsalves
August 24, 2005
Springfield Republican tribute to a Bar Advocate Hero: Rosemary Cooper
August 22, 2005
Mass Lawyers Weekly Letter to the Editor: CPCS' Leahy responds to recent legislation
Roanoke Times: For justice to prevail, prosecution must be just
August 21, 2005
Mass Lawyers Editorial: The Next Battle for bar adovcates
Mass Lawyers reports on court in Western Massachusetts: All Quiet on the Western Front?
August 19, 2005
Fight to retain payment for overhead for court appointed work reported in Tuscalosa News
Report from Bostonist on attorney compensation
Southern New England Law School retrospective on the compensation fight
August 18, 2005
Alabama shortages in assigned counsel, after the attorney hourly rate has "office overhead" portion unfunded
August 16, 2005
A Quick Reference chart on Immigration Consequences
Spangenberg report on the increased rates, a retrospective
Four Court-Appointed attorneys named to Mass Lawyers Weekly list of "Up and Coming" lawyers:
Sarah K. Connor, Durchanek Law Offices, MACAA Clerk
Catherine J. Hinton, Rankin & Sultan
David J. Nathanson, CPCS
Gary S. Zalkin, Boston
August 15, 2005
The Boston Business Journal published the Milken Institute's analysis of Cost-of-Doing-Business, a description of their index, the index data, and the raw data
Using the Milken Institute data for the 50 states as an index, the new Massachusetts court appointed minimum rate is compared, cost adjusted, using:
Average wage in state to adjust for cost of living
Average office rent, price per square foot (Mass is highest in the US)
Milken Institute Cost-of-doing-Business Index
Adjusted Milken Index, to use only office rental rates (excludes industrial rental rates)
August 14, 2005
Court Appointed Attorney Sarah Connors named to Mass Lawyers Weekly top ten up and coming lawyers
Indiana studies the effect of court fees racing out of control
August 8, 2005
Chapter 54 of the acts of 2005, with legislative history, along with a PDF version with signatures.
CPCS publishes memorandum documenting the rates for FY2006
Massachusetts Lawyers Weekly headlines: Bar Advocates Return in Droves
Mass Lawyers Weekly Letters to the Editor: MACAA extends a widespread 'thank you' and Taking a wait-and-see approach to recent legislation
NACDL Champion magazine article on the FTC and anti-trust
A Boston Herald Letter to the editor from July 8, 2005
August 5, 2005
Cape Cod Register article: Court-appointed lawyers get pay raise
July 30, 2005
Boston Globe and Taunton Gazette delve into the story of compensation bill
July 29, 2005
Boston Herald reports legislation to increase compensation,
Middlesex Daily News reports
Boston Business Journal reports: Pay stale: Public defenders continue wage-hike push
July 28, 2005
Statehouse News documents the proceedings of the compensation Bill in the Senate, the House, and putting the bill on the Governor's desk
The marked up compensation bill for court appointed attorneys.
July 27, 2005
Boston Globe, Boston Herald, and Springfield Republican cover SJC hearings
Statehouse news chronicles SJC hearing announcement, the SJC status hearing, conference plans, and announces conference has agreed.
MACAA letter urges the six members of the conference committee to provide increases for Superior Court/CAFL/Mental Health, and for CPCS Public Defenders, rather than the "pilot programs".
July 25, 2005
Cape Cod Times Editorial: Courting Crisis
Deja vu -- an article from the Lowell Sun: Pay Crisis Thretens Slow Justice
Massachusetts Lawyers Weekly News: SJC may let case on court-appointed counsel proceed and Letter to the Editor: Bar advocate issue should be front-page news
July 24, 2005
Criminal Law paper comparing Massachusetts and Virginia Indigent Defense, an outside perspective
July 23, 2005
Taunton Gazette: County Attorneys are not Satisfied by Recent State Legislation
Boston Herald: Are we courting disaster?
Cape Cod Times: Bar advocates say raise not enough
New Bedford Standard Times: Lawyers seek trial on pay increase for public defense
Worcester Telegram: Lawmakers vote to boost pay for poor people's lawyers
WPRI Television: Senate votes to boost pay for poor people's lawyers
Tuscalosa Alabama News: Lawmakers vote to boost pay for poor people's lawyers
July 22, 2005
Statehouse News maps out the Legislative activities and SJC activities for next week
Springfield Republican reports House activity
Boston Globe reports House activity, as does Boston Herald
Bill Leahy reports status of legislation
Malden Observer Letter to the Editor
WBUR Morning Edition reports MACAA dissatisfaction with House bill
July 21, 2005
Statehouse News Transcript of House proceedings on H4287, the new House Compensation Bill for CPCS
Massachusetts Ways and Means reports on compensation, House Bill under discussion today
MACAA Press release on Senate Legislation passed on July 20, 2005
Boston Globe and Boston Herald report on compensation legislation
Rosemary Cooper letter published in Marblehead
July 20, 2005
Statehouse News reports passage of Compensation bill for court appointed attorneys, the text of the amendment is online, as well as the transcript of the Senate Proceedings that passed the amendment.
NECN television story played througout the day on compensation issues
WBUR Morning Edition does story on bar advocate compensation
Holland & Knight files motion to lift stay. Stay of litigation lifted, Hearing at the SJC scheduled for Tuesday, July 26, 2005 at 2:00 PM
July 18, 2005
MACDL press release agrees to defend any attorney held because they resist conscription
Unrepresented clients exceeds 300, Fox News reports on 10 o'clock television news
Boston Globe Op Ed gives a Judge's perspective
July 16, 2005
Issue of qualification for Indigent Legal Defense reformed in Nevada
Editorial for handling minor crimes
ACLU monitoring clients held without counsel
July 15, 2005
Vice Chairman of the Senate Ways and Means Committee declares a Constitutional Crisis over bar advocate pay
Boston Phoenix publishes letters from editor, Courting Disaster, and Thanks
Concord publishes article on shortages in Middlesex
Identical editorial in local papers in Marlboro, Marblehead, Shrewsbury, Amesbury and Malden.
July 13, 2005
Unrepresented defendants now over 200 in Suffolk County, compared to less than 100 last year, when shortages peaked.
Boston Globe reports further delay by Legislature
Boston Herald publishes criticism of CPCS by Virginia Buckingham, and Bill Leahy responds
Lowell Sun reports crisis in Middlesex county
July 10, 2005
Headline for Sunday Taunton Gazette: Legal System for Poor 'Broke'
Most Important Decisions of January to June 2005 include Rosemary Cooper's case
Mass Lawyers Weekly reports: More Bar Advocates refuse to take cases
July 9, 2005
Massachusetts Lawyers Weekly Editorial: Empty Courts, Empty Promises
July 8, 2005
Middlesex County Bar Association weighs in on compensation
Boston Herald article: Sara Connor's Letter to the Editor
Interesting Law Review article on portrayal of lawyers in the movies, and a table of lawyers on television
July 7, 2005
Statehouse News article: Crisis in Indigent Defense Predicted
NECN Television broadcasts plight of indigent in need of counsel
Boston Herald article: Kerry decries state's 'unconstitutional' law crisis
Boston Globe article: Anger over pay leads to shortage
Boston Phoenix article: Unacceptable, outrageous, but OK for now
Metro West Daily News article: Mass. short on court-appointed attorneys
Letter from Middlesex Bar Advocate Program President, Jeff Traviglini
July 6, 2005
Boston Herald article: Poor Defendants Go Without Legal Aid
July 5, 2005
A list of courts that have shortages of court-appointed counsel, listing just Middlesex and Suffolk counties.
Teachers Unions address the issue of "Where will the money come from" for fair compensation.
July 1, 2005
In 1968, the US Supreme Court extablished state obligation to provide counsel to indigents as protection from corrupt and overzealous prosecutors.
Boston Herald editorial on pending crisis in the courts
SLJ letter to Chief Judge regarding shortages
Posting of the Gideon v Wainright decision
Mass Bar Association article advocating for H992
Randy Gioia and SLJ lawyers were on Channel 5 news today
June 27, 2005
Mass Lawyers Weekly letter to editor from bar advocate bankrupted by state rates
Randy Gioia predicts shortage of bar advocates starting July 5, 2005
June 26, 2005
Canadian Bar Association sues to expand right to counsel
US Supreme Court recognizes right to counsel on appeal
June 24, 2005
Mass Judiciary Committee reports out H992 and H2793, the Court Appointed Attorney Compensation bills
Maryland increases hourly rate from $30 to $50 in January, 2005
Wyoming increases hourly rate from $25 to $40 on July 1, 2005
Massachusetts is now in last place (adjusted for COL), even with the $7.50 adjustment last year.
We can move to third from the bottom with H2793, or to 37th in the nation, with H992.
June 23, 2005
The sign-in rosters for court appointed attorneys who attended the June 14, 2005 hearings are now web-searchable.
To view who attended, visit the Legislative page, and look for the "red" text.
June 21, 2005
SLJ Randy Gioia featured on WBZ Paul Sullivan show, to discuss bar advocate compensation
Hawaii raises pay from $40 to $90 for bar advocates
The chart that compares a cost-of-living adjusted bar-advocate hourly rate -- shows that Mass will remain in last place of all states where rates have been adjusted, if Commission increase implemented.
June 20, 2005
Springfield Republican Editorial on Saturday: Defending the poor doesnt come cheap
Statehouse News reports: Widespread shortage of Attorneys expected in Suffolk County
Boston Herald Editorial: Fair Pay for Defenders
Mass Lawyers Weekly reports: Bar Advocate Hearing Warns Of Crisis Ahead
June 17, 2005
Boston Herald reports: "It will be chaos"
Springfield Republican and Boston Globe report resignations en masse of Murder Panel attorneys in Hampden County.
MACAA releases press release on June 14, 2005 Judiciary Hearing.
June 15, 2005
News coverage in the Springfield Republican, Statehouse News, Taunton Gazette.
Written testimony is being collected in one place, for viewing by attorneys.
June 13, 2005
Senator Ted Kennedy and Representative Barney Frank provide encouragement to Court Appointed Attorneys
May 9, 2005
North Adams Transcript: Show us some money.
Please check out the announcement for the MACAA Annual Meeting, and join the MACAA folks!!
April 25, 2005
The preferred House Amendment, with pilot program of 5 attorneys, not 15
Worcester Telegraph Op Ed by William Smith
Massachusetts Lawyers Weekly letter to the editor
MACAA Press Release, position on the Commission report
Boston Globe Editorial supporting fair pay for bar advocates
New York Times editorial, Virginia article on indigent defense problems in that state, and Alabama indigent defense problems in the press
April 20, 2005
SAVE THE DATE: MACAA annual meeting is May 21st in Worcester, more information to come.
April 14, 2005
Louisiana rules defendants cannot be held without counsel, NPR radio covers the story
Western Massachusetts Tribune Guest Commentary: Rate hikes Long in Coming, by Tom Workman
April 13, 2005
Historical budget allocations courtesy of Criminal Justice Policy Coalition
Western Massachusetts Tribune covers the Commission report
The Ways and Means budget, with amendments as they occur
H922 is the Knuutilla bill for increases of compensation
The New York State defenders have an excellent website, and now link to the Bristol website
April 10, 2005
Mass Lawyers Weekly comments on Commission Report
April 2, 2005
Boston Globe article on Commission Report
Statehouse News Service article on Commission report
The Commission proposes to pay at the 91st percentile of all states, and dead last of the states that have adjusted pay in the last decade.
Pay at the seventy-fifth percentile would be $93.44 per hour, for the twenty-fifth percentile $61.31 an hour.
The Commission recommended $50.00 an hour.
April 1, 2005
The Massachusetts Commission on Indigent Defense releases their reports today with an Executive Summary and a Final Report
March 25, 2005
Springfield Republican Editorial on Bar Advocate Compensation, includes a "serious" lawyer joke.
March 24, 2005
New Bar Advocates have less than half the experience of the established cadre of bar advocates, and most have 5 years or less experience.
March 22, 2005
WBZ Radio morning show features interview on the Commission meeting
News coverage of Commission hearings in the Springfield, Worcester, Boston Globe and Boston Herald
Springfield Television Channel 22 News leads the News with story of Commission meeting in Springfield
March 21, 2005
MACAA President Tom Workman's outline of presentation to the Commission, with links to charts presented.
February 24, 2005
Boston Globe Op Ed article: No Justice for Mikaela
Huntsville Alabama reports: Cost to defend poor in county climbs
Court Appointed compensation increases for 25 states over the last decade are available stated in Massachusetts dollars
February 18, 2005
Under every conceivable scenario, the Bar Advocate solution saves the Taxpayer a lot of money...
The material presented to the Commission from SLJ and SLJ testimony is online.
February 17, 2005
The Bar Advocate solution saves the Taxpayer a lot of money...
Bristol County Superior Court Trial work is divided 85% to 15% between Bar Advocates and Public Defenders, randomly divided except that Bar Advocates handled all SDP cases.
February 11, 2005
American Bar Association issues Summary of report, an Executive Summary, and 76 page report on the problems with Indigent Defense
Boston Globe Reports AP story: Representation of indigent defendants inadequate
North Adams newspaper reports: Bill filed to hike pay for court-appointed lawyers
Front Page article in Gardner, Massachusetts: Gov's Budget Subpar for Bar Advocates
February 8, 2005
The true cost of a Public Defender is computed from the CPCS budget submission for FY2006
The Courts have released a report on a staffing model, which takes into account the complexity of the work in each court.
The Court data has been aggregated by County, and data on Court Appointed Caseloads have been added.
February 6, 2005
Boston Globe letters to the editor from Deborah Sirotkin-Butler, Susan DeGrave, and Mike Rich
Mass Lawyers Weekly feature article "Still Waiting" [also available as an HTML webpage] on fair compensation
Letter to Mass Lawyers says Judge's pay should be doubled.
Mass AG Ron Kehoe files Responsive Pleadings to Cooper's Petition.
SJC Docket of Cooper's action is online.
February 3, 2005
Judges and DAs are requesting that their wages be analyzed with a Massachusetts cost of living factor, the Bar Advocate wages have been computed this way as well, in a graph. also see the unadjusted graph.
January 22, 2005
Massachusetts Lawyers Weekly lead story: Bar Advocate Allowed To Seek Pay Increase
Springfield Republican reports hearing granted to Rosemary Cooper to determine her pay as a bar advocate
January 20, 2005
Boston Bar Journal publishes article on indigent defense
January 19, 2005
MACAA Member Rosemary Cooper successful in Petition to the SJC regarding fair compensation
Mass Lawyers Weekly letter to the Editor from Bev Chorbajian and response from attorney Nathan.
MACAA Press Release concerning H4047 and opposition to Conscription of Attorneys
January 14, 2005
H4047 has 70 legislative co-sponsors, and lists MACAA legislative liaison Deb Butler and MACAA President Thomas Workman as co-sponsors
Sponsors include 37 legislators who also sponsored H4321 last year, as well as 33 new legislators who signed on this year for the first time.
January 11, 2005
Co-Sponsors for H4047 are listed as of today.
Virginia Indigent Defense criticized in Washington Post
January 8, 2005
Boston Globe Magazine Feature Story: The Advocate (html version)
December 28, 2004
Mass Lawyers Weekly letter to the editor from Beverly B. Chorbajian
MACAA and Bristol County make submissions to the Legislative Commission
December 1, 2004
MACDL and MACAA file petition to intervene on behalf of conscripted attorneys, the motion, petition, and memo are available.
The Massachusetts Bar Association participates in Press Conference, passes resolution
NECN television features Randy Chapman and Andy Good discussion of conscription and qualifying for a court appointed attorney.
October 6, 2004
Boston Globe Editorial encourages fair treatment of Indigent Defense
Mass Lawyers Weekly Letters to the Editor, criticizing William Smith's letter, and on indigent defense
CPCS Compensation Hearings announced
Judge Rouse appointed Chief of Superior Court, Judge DelVechio to leave Nov 1, 2004
September 30, 2004
Boston Phoenix article on the crisis in murder trials in Suffolk County
September 19, 2004
Audio proceedings of William Leahy, ACLU's Hoose, and AG Kehoe from September 8, 2004 SJC Hearing are online
September 17, 2004
Mass Lawyers Weekly Letters: The Attack On CPCS Must Come To An End, 'Duty' Of Bar Advocates Compromised
The Court Form Defendants are required to sign to get court appointed attorneys, can YOU understand it?
September 12, 2004
The workload for court appointed attorneys ranges from a high of 89% in Suffolk to a low of 37% in Norfolk
September 10, 2004
Berkshire Eagle: Legislature OKs funds for local aid, MCAS, lawyers for indigent
Statehouse News covers the $7.50 vs $5.00 Pay Increase Legislation
Boston Globe: Op Ed by Tom Reilly: Building a More Effective Public Defender System
Boston Globe: Lawyer shortage is seen easing
Boston Globe: Legislature approves money for bar advocates, local aid, MCAS testing
Updated set of links for oral testimony of 8/23/2004 SJC Hearings, now include transcript of testimony, available online.
Suffolk Lawyers for Justice set strategy for insuring QUALITY of representation
September 8, 2004
Updated set of links for oral testimony of 8/23/2004 SJC Hearings, these should work with any system.. Mass Lawyers Weekly Editor's Closing Arguments, commentary of Editor David Yas
Boston Globe story on the Supplemental Budget
September 6, 2004
WorcesterTelegraph: Attorney Chorbajian's Letter: State court found bar advocates' pay is low
Link to DOJ study that finds that conviction rates are the same for Bar Advocates and Private Counsel
(Corrected) Mass Lawyers Weekly: Letter to Editor: Solutions for resolving the current Bar Advocate Crisis
September 5, 2004
Data on the number of held criminal defendants, and how long they have been without counsel, is available for several counties in table form, with breakdowns to show the numbers by day over the past month.
September 4, 2004
WorcesterTelegraph: Advocates back off from work stoppage
Cape Cod Times: Raising the Bar
Mass Lawyers Weekly: Letter to Editor: Solutions for resolving the current Bar Advocate Crisis
Vera Institute gives Massachusetts Bar Advocate Program high marks in report.
SJC schedules hearings for Wednesday, September 8, 2004 in Boston.
You can now request information on MACAA, or join, online
August 29, 2004
Problems in Bristol, Hampden and Worcester Counties -- NO WONDER! Bar Advocates in these counties handle a third more cases than attorneys in the rest of the state, more than twice as many as Norfolk county!
August 28, 2004
Mass Bar Association Press Release on new President
Springfield Republican: Panel forms to resolve legal pay crisis
An audio of the oral arguments in the August 23, 2004 SJC Lavalee hearings is now available
An open letter to the SJC on the magnitude of the disaster in Hampden county
August 26, 2004
Boston Phoenix: Tipped Scales
Worcester Telegraph and Gazette: Individual’s right to counsel should not be political football
Springfield Valley Advocate: Advocating for the Advocates
August 24, 2004
WGBH at 7:00 PM tonight features Judge Barton, attorney Ed Ryan and attorney Randy Chapman
NECN news lead story at 9:00 PM covers Michael Rich's situation in Cambridge
MACAA Press Release: Defining the problem to be solved
WCVB Television coverage: Lawyer Pay Dispute Goes Back To Court
NECN television news coverage: Court Hears from Private Lawyers on Pay
Mass Lawyers Weekly: Editor's Closing Arguments, MBA Comments on Bar Advocate Compensation
Boston Globe: Wages faulted in lawyer dispute
Springfield Republican: Attorney general slams Romney
Boston Herald: Lawyers make pitch to SJC on pay for indigent defense
The Lynn Item: Lawyer sounds off on bar advocates' pay dispute
Cape Cod Times: Judge is told lawyer scarcity was building
Providence Journal: Lawyers on strike
Hampden County contract with attorneys for calendar 2004
August 23, 2004
SJC Orders in Lavalee Springfield case: Conscription Order, Order for 8/23 Evidentiary Hearing on efforts to identify counsel. (The SJC docket can be viewd online)
Mass Lawyers Weekly has editorial, lead article, and three letters in today's issue:Headline article: Bar Advocates Step Up Fight over Pay RatesBoston Globe Letter to the Editor from Florida attorney John Mark Gabriel
Editorial cites bar advocate pay as example of neglect: Another Court-Reform Effort
Letter from MACAA Legislative Liaison Deborah Butler: Bar Advocate only making $10 per hour
Letter from MACAA Clerk Sarah Connor: Bar Advocates Not Responsible for Public Safety
Letter from William S Smith: Attorney General's Comments 'Unfortunate'
Taunton Gazette article: Bar advocates under strain
NACDL's Champion Magazine article: Conscripting lawyer services
Haverhill news article: Lawyers' work action threatens courts
Cape Cod Times article: No answer yet for unhappy lawyers
Statehouse News coverage of shortage of attorneys
For those with an interest in the indigent defense system in New Jersey, where the infrequently-paid rate is $25 an hour for indigent defense
August 21, 2004
National Law Journal covers Massachusetts court appointed shortages:Citing low pay, lawyers refuse indigent cases
August 20, 2004
Mass Lawyers Weekly article: Bar Advocates Step Up Fight Over Pay Rates
August 19, 2004
WBZ radio program discusses court appointed crisis with Randy Gioia from 7:00 to 8:00 pm tonight
Boston Herald: Judge gets lawyers to defend indigents in Hampden County
Boston Globe: Officials told to testify in public defender dispute, Letter to the Editor: Careless prosecutors are costly, too
Mass Bar announces need for panel attorneys; and MACDL invite attorneys to join the CPCS panels in Hampden county.
August 18, 2004
Statehouse News covers meetings of bar advocates at CPCS
Springfield Television WWLP reports on Justice Spina's latest order
Springfield Television WGGB covers Spina order
Boston Channel 5 News at 6:00 PM has bar advocate feature story
Boston Globe: Reilly riled by Romney, Pay controversy leaves attorney struggling, angry, SJC orders lawyers appointed
Boston Herald: Lawyers, pols fail to resolve dispute over lawyers' fees
Springfield Republican: Lawyer pay dispute stalls
Quincy Patriot Ledger: Lawyer-pay solution doesn't appear imminent, OUR VIEW: Crisis in state courts
Worcester Telegraph Editorial: Lawyers' walk misguided
August 17, 2004
Lavalee Order regarding conscription of attorneys
Statehouse News: AFTER LANDMARK RULING, NEW SJC ORDER ALLOWS JUDGES TO ASSIGN LAWYERS
CPCS FY04 Annual Report to the Legislature
Boston Herald: State leaders enter fray over lawyers' pay
Boston Globe: Lawyers in Fitchburg, Leominster, Gardner decline to take cases , Op Ed: Romney's bullying of criminal defenders, Letter to Editor: It's unappreciated hard work
Worcester Telegram: Lawyers to refuse Worcester cases, Lawyers Refusing Fitchburg Cases
Associated Press: State leaders enter fray over lawyers' pay; more attorneys join protest
Springfield Republican: Judge appoints bar advocates
Massachusetts Lawyers Weekly: Bar Advocate Says He Has Done His Share, MBA President Thanked for Supporting Bar Advocates, No Lawyers Found: Suspects are Freed
WBZ radio broadcasts interview of Tom Workman during drive time.
August 16, 2004
Comcast Nightbeat features Bill Smith and Tom Workman, available on Comcast "on Demand"
Kellie Martin and Michelle Rioux appeared on a radio talk show August 16 from 4:15 to 5:00 PM, on New Bedford station WBSM.
Boston Globe: Fair pay for court-appointed lawyers, Private lawyers are ordered to represent indigent defendants
Brockton Enterprise: Lack of lawyer prompts Plymouth to free suspect
August 15, 2004
Declaration for attorneys declining under Rule 6.2 hardship provision
An alternative Motion and Attorney Affidavit for refusing under Rule 6.2
Hatfield Valley Advocate article: Pay Now ... or Later
Springfield Republican: Lawyers assigned to cases, Op Ed piece: Dont blame lawyers for release of suspects
Graph of percentage increases in compensation in the past decade, Mass ranks next to bottom
Boston Globe Letters: two letters to the editor and Graph supporting attorney Crowley's observation
Boston Herald: Lawyer pay flap keeps accused out of can
Cape Cod Times Editorial: What price justice?
Fitchburg Sentinel: Area bar advocates may join lawyer strike
South of Boston: Old Colony Memorial: Back to the bar
Legal Commentary by Paul Machado on the conscription of attorneys
August 14, 2004
MACAA releases press release on violations by the court in conscripting attorneys, and on the evaluation of accepting new cases
Full text of Bill submitted by Governor Romney, to fire the board of CPCS and move CPCS to the Executive Branch
Taunton Gazette reports: Lawyers Ordered Back
Cape Cod Times reports: Judge to order lawyers to defend poor
Boston Globe reports: Private lawyers are ordered to represent indigent defendants, and two letters to the editor
Boston Herald reports: Judge says he'll force poor clients on lawyers
Springfield Republican: Public defender crisis spills onto the streets
Worcester Telegraph covers expected shortage of attorneys
District Attorney Bennet's press release
Oklahoma case of State v. Lynch is on point to current situation
August 13, 2004
The Letter from Judge Teahan to Hampden County Bar Advocates
Worcester Telegraph covers shortage
Boston Herald: Top lawyer lambastes gov for criminal defense crisis
Boston Globe: Romney public-defender plan draws fire from lawyers
Statehouse News reports legal crisis
Boston Bar Association opposes Governor's propoasl to move CPCS to executive branch
Attorney General meets with the bar, the Press Release is here
The CPCS Memorandum requesting move to normalcy
August 12, 2004
Bristol County Bar Adocate's letter to the Governor
New England Cable News program features Anthony Benedetti and Tom Workman
Chief Justice Lynda Connolly's letter to all District Court Judges on Lavalee
Boston Globe North: Defense attorneys balk at low fees
Springfield Republican Front Page: Romney blames lawyers for crisis and Editorial: Public defender crisis spills onto the streets
Cape Cod Times Front Page: State, lawyers clash anew
New Bedford Standard Times: Discipline threatened for defiant bar advocates
Boston Television Channel 5 lead story: Lack of Lawyers
Boston Globe Headlines:Romney eyes reins on public defenders and editorial: Showdown in the courts
Boston Herald:Iron-fisted Mitt raises bar: Vows lawyers won’t run from courts like cons and editorial: Revolving door justice
Worcester Telegram: DA, governor decry release of accused drug dealers
August 11, 2004
New Bedford Standard Times: Bristol clients not free to go, city judge rules
Boston Globe: Attorney general criticizes release of drug defendants
Boston Herald: AG fumes as SJC lets jailbirds walk
Springfield Republicans: Suspect releases anger Reilly
August 10, 2004
New England Cable News lead story is the release of Springfield defendants
Television Channel 22 in Springfield covers the shortage of attorneys
Springfield Republican headlines cover the release of defendants
Associated Press story
CNN Cable News Network covers release
Boston Herald article on the release of defendants
San Jose Mercury News carries story of release
Mass Bar Association invites attorneys to represent Hampden County defendants
MACAA press release
August 9, 2004
Justice Spina orders release of defendants held without counsel
Brockton Enterprise Editorial:Pay dispute in courtroom tips scales of justice
Massachusetts Lawyers Weekly Editorial: Bar Advocates: What Now? and letter to the editor: The Cost of Representing Indigent Defendants
Report from CPCS on the August 6, 2004 hearings
Mark Hare on live radio at 6:00 AM and 6:30 AM this morning
August 8, 2004
May 2004 letter from Paul Machado to the editor of Mass Lawyers Weekly could have been written today
Compensation increase table for the 25 states -- Massachusetts increase one of the smallest
Virginia articles on indigent defense problems
Lavalee decision covered on television in Illinios and in mainstream press in Pennsylvania
Newspaper articles relevant to the bar advocate system in:Alaska: Court offers choices to veterans,
California: Public defender has important role to play,
Louisiana: Legal firm takes aim at indigent defender system,
Montana: Local lawyer is appointed public defender, Report faults quality of public defense,
North Dakota: Public defenders life a hectic one, Every defendant is owed a lawyer, No glamour for these lawyers,
South Carolina: Durham courts simplify case flow ,
Tennessee: Court tightens rules for indigent funding,
Texas: Indigent defense funds run low
August 7, 2004
Quincy Patriot Ledger Editorial condemns legislature on indigent defense issue
Boston Herald reports that Judge Sweeney has been removed from cases in Springfield
Judges in Massachusetts are leaving over poor pay as well
Kansas bar advocates file motions to be paid $30 more than current rates
Massachusetts bar advocate shortage reported in Sarasota Florida Herald Tribune, Myrtle Beach Sun, South Carolina
August 6, 2004
Cape Cod Times reports: Attorneys for poor dismiss raise offer
Springfield TV channel 22 reports compensation increase reported to be inadequate
August 5, 2004
New York Law Journal: Beantown Lawyer Shortage Hurts Defendants
Quincy Patriot Ledger: Reluctant lawyers worry court officials: Their refusal to take new cases freeing criminals
New Bedford Standard covers Taunton Meeting of Bar Advocates: Lawyers call $7.50 raise slap in face
Boston Television begins to investigate and plan stories
Wage Comparisons for Bar Advocates and others
August 4, 2004
Bristol Bar Advocate Membership Meeting held: Consensus of members is that they cannot afford to take new cases
Western Mass Law Tribune article on shortage in western Massachusetts
Springfield Republican reports on Courts inquiry as to caseloads at CPCS
Boston Herald article on situation in Suffolk County, quoting Gerlinde Lowe
MACAA Press release on shortages of attorneys
Fall River District Court judge denies motions to release clients held without attorneys, citing lack of standing of attorney who filed
August 3, 2004
Suffolk Lawyers for Justice releases Press Release on compensation and the crisis
Bristol Bar Advocates seek advice of BBO on ethics issue
Video now available for the Springfield TV40 news spot on the pay adjustment
News articles today inMass Lawyers WeeklyArticle on the Lavalee decisionMass Bar Association
Report of Lavalee decision
Letter from Thomas Workman
Letter from Deborah Butler
Quincy Patriot Ledger
Worcester Telegram Editorial: Perps Walking
Worcester Telegram story on Judge Sweeny investigating CPCS
Lynn Daily Item
North Adams Transcript
August 2, 2004
Attleboro Sun Chronicle article
Boston Herald article
Bristol Bar Advocate General Meeting scheduled for Wednesday at Taunton Superior Court, 5:00 PM
August 1, 2004
An editorial on the ramifications of the recent legislative process, and the term "Subject to Appropriation".
The MACAA Press Release on the inadequate rate increase
The Legislative act, H5038, which implements the compensation increase of $7.50
Commentary on the new legislation in the Boston Globe, New Bedford Standard Times, Taunton Gazette, TV Channel 40 in Springfield (video available)
Re-post of the Mass Bar Association Press Release for Lavalee.
Earlier article in the Lynn Daily Item, Milford Daily News and Springfield Republican.
July 30, 2004
Springfield Republican Editorial (HTML available) on access to counsel
Editorial in the Boston Globe, Boston Herald
Insightful article in the Hatfield Valley Advocate
Cape Cod Times article on Thursday.
AP story on the Bristol Sheriff fees for indigent inmates -- unconstitutional
July 29, 2004
SJC releases decision which will release unrepresented defendants
Press coverage in Boston Globe (Top of Page 1 of Section B) also HTML, Boston Herald also local HTML, Springfield Republican also local HTML, Taunton Gazette (Front Page), New Bedford Standard Times (Thursday) also HTML version, New Bedford Standard Times (Wednesday) also HTML version, CNN or (local HTML), USA Today, New York Times, Washington Post; as well as television coverage in Springfield, New Bedford.
Press Releases from MACAA, ACLU
July 25, 2004
Springfield Republican comments on compensation for Judges as well as Court Appointed Attorneys
July 22, 2004
Boston Globe editorial again recommends compensation increase (HTML available).
July 20, 2004
Boston Herald Editorial concludes with admonition to increase pay
New Bedford news coverage on radio and Standard Times, of lack of counsel (HTML available)
Taunton Gazette coverage of attorney shortage in Taunton, Mass
Springfield Republican reports crisis in Springfield, CPCS ordered again to represent indigent defendants
July 19, 2004
Attorneys in Taunton District, New Bedford, New Bedford Juvenile, and Fall River District refuse to accept new cases today
Taunton Gazette publishes letter to the editor from Robert Kidd
Amicus Briefs are now available for hte Lavalee case from the Mass Bar, Boston Bar, and attorney Rosenfield
Brief filed with the SJC in the Chicopee matters of two defendants
July 15, 2004
NPR program "The Connection" segment on indigent defense broadcast Thursday, July 15 at 10:00 AM. It can be listened to on the WBUR website.
July 14, 2004
Springfield Republican reports 79 defendants without counsel
Boston Herald publishes letter to the Editor from Robert Kidd
July 13, 2004
Bristol County sends letter to every Massachusetts Legislator
Video of the news for the July 8, 2004 SJC hearings
Boston Herald editorial
CPCS files pleadings with SJC, a cover letter, Opposition to DA's Petition, and sixth status report
Article from Berkshire critical of filing fee
June 30, 2004
Fall River Herald story on the bar advocate crisis
A perspective of the hearings, which were standing room only, by Robert Kidd
Associated Press releases the story of the hearings
June 29, 2004
Boston Globe and Boston Herald cover Holland and Knight filing.
Mass Bar Association article by president Richard C. VanNostrand
June 28, 2004
Springfield Republican publishes front page coverage of shortage of attorneys
Mass Lawyers Weekly publishes article on bar advocate wages
Bristol County files Amicus Brief in Lavalee v Commonwealth
Holland and Knight files lawsuit today, pleadings are:
Petition for ReliefMass Bar Association article
Petiton for Special Master
Memo in Support of Appointment of Special Master
Reference to Special Master
Amicus Motion and Brief
Motion to Admit Pro Hac Vice
Taunton District Court orders waiver of one hour waiting CPCS rule on motion of bar advocate (who waited in excess of three hours for one client's case to be called).
June 20, 2004
Springfield Republican article published Saturday
Cape Cod Times feature article on indigent defense
Boston Business Journal article from March 2004
June 3, 2004
Supreme Judicial Court issues Reservation and Report on Springfield litigation
Boston Herald writes of defendants being held
Taunton Gazette covers holding of defendants without attorneys
New Bedford Standard Times has article on rally in New Bedford
Television (Providence Channel 12) has news on the rally
Problems with indigent defense in Arizona.
June 1, 2004
Mass Lawyers Weekly coverage of Rally at New Bedford Superior Court
Mass Lawyers Weekly letter to the editor by Deb Butler
Mass Lawyers Weekly article by Paul Machado
May 20, 2004
Senate discusses abolishing Suffolk county at length, then rejects all compensation amendments for court appointed attorneys without discussion,
Boston Globe criticizes Senates lack of action on the court appointed pay issue
May 19, 2004
A chart showing that Senate 399 simply provides the Cost of Living Increase, without ANY retroactive pay.
May 18, 2004
Attorney General filed pleadings in response to CPCS Petition to the SJC
Senate caucus is being held TODAY, floor "debate" is May 19, 2004 at 1:00 PM
Springfield Republican covers AGs motion to dismiss Leahy's lawsuit
May 16, 2004
A Fact Sheet for your state senator, discussing facts important to the support of increased compensation. Please call and fax your state Senators on Monday!!
May 12, 2004
Mass Senate budget, cuts $5M from court appointed budget from last year.
Transcript of Oral Arguments in SJC Single Justice hearing from May 6, 2004.
May 10, 2004
Mass Lawyers Weekly Section B features Roundtable discussion with Gioia, Leahy, Winslow, and Workman, on the subject of indigent defense compensation.
May 8, 2004
Springfield television clips are available from the television station for May 5 and May 7.
May 7, 2004
Map from Mapquest to MACAA meeting on Saturday, May 8, 2004 from 10:00 AM to Noon, also a map with verbal directions, from Boston or southeast.
The Springfield Republican carries AP story
Metrowest News article on attorney crisis
Boston Herald editorial sets forth the arguments
Boston Globe story on SJC petition
Op ed on Romney's position of 3-4% annual growth, and government workers earning MORE than the market
Union wages of Boston employees increasing 3% a year, including RETROACTIVE increases (Bar advocates are asking for 2.5% increase over 20 years).
May 6, 2004
SJC Appeal today, pleadings are here!!
Taunton Gazette article on Springfield attorney shortage
Report from Bill Leahy on the hearings
Providence Journal covers the shortage in Springfield
Judge Zoll incorrectly instructs Judges to follow a procedure that violates the Court's Dist Ct Supp Rule 8
Springfield Television transcript form Evening News
Springfield news article on appeal to Single Justice
Florida decision favorable to bar advocates, litigated by Holland & Knight
Mass Lawyers Weekly will dedicate Section B of Monday's issue to the roundtable interview, on the topic of bar advocate compensation, of Randy Gioia, Bill Leahy, Dan Winslow, and Tom Workman.
May 5, 2004
WGGB Television "Top Story, transcript"
Boston Globe covers Springfield crisis, for second consecutive day
Springfield press covers shortage of attorneys to represent poor clients.
White Paper presented to the legislature, from which larceny by check "Filing Fee" idea came, is on the web.
Channel 5 in Boston, belated article from February, 2004
May 4, 2004
WGGB Television covers Springfield story as "Top Story"
No attorneys will take cases in Western Massachusetts.
Boston Globe publishes story on lack of attorneys to take cases.
May 1, 2004
Other sources of funding for Indigent Defense are studied.
April 29, 2004
Massachusetts Legislature establishes mechanism in House Budget for the Judiciary to increase bar advocate pay.
April 28, 2004
Mass Lawyers Weekly Letter to the Editor
CPCS Declares emergency in Western Massachusetts
CPCS requests funds to hire three full time defenders
CPCS publishes status on unrepresented defendants being held
April 23, 2004
Graphical data now available as Ranked Bar Charts, example of Bar Advocate Hourly Rates.
April 19, 2004
The Interview, an interview of a bar advocate by a Probation Officer.
Statistical comparisons of Massachusetts data and the other 49 states, where the user selects the data to be compared.
April 17, 2004
Massachusetts Lawyers Weekly publishes Letter to Editor "The Legacy of John Adams and the Sixth Amendment" by Deb Butler.
A method of evaluating proposed compensation increases, showing compensation for Judges as well as court appointed attorneys, is available with a graph.
April 14, 2004
Massachusetts FY2005 House Ways and Means budget released, rates are same as last year.
Massachusetts Association of Court Appointed Attorneys schedules first Annual Meeting of Members for May 8, 2004. Letters going to all MACAA members.
April 12, 2004
Massachusetts Lawyers Weekly publishes two letters on the MLW Editorial that criticized the recent editorial that offered some encouraging words on H1:"Editorial Displayed a Lack of Understanding" by Robert Kidd andBoston Herald publishes "State pays third-rate wages to first-rate public attorneys" by William Leahy.
"Bar Advocate Plan Doesn't Deserve Endorsement" by Thomas Workman.
April 11, 2004
Bristol County District Attorney comments on compensation, incorrectly stating that ADAs are lowest paid in the courtroom (at end of article), but correctly noting that market value is $100,000.
Are Assistant DAs the lowest paid in the Courtroom? It costs the Commonwealth over $117,000 to put an Assistant DA in a Bristol County courtroom!
April 9, 2004
As the legislature contemplates adjusting compensation for Bar Advocates, some who oppose fair compensation are saying bar advocates are overpaid, compared to District Attorneys.
April 8, 2004
Massachusetts District Court attorneys may find the updated index of Motor Vehicle Offenses [1MB PDF], List of Motor Vehicle offenses with penalties [2.3MB PDF], and link to General Laws usefull.
April 7, 2004
Massachusetts passes supplemental budget with $16M allocation for CPCS expenses.
April 6, 2004
Massachusetts releases Final Report on Governor's Commission on Criminal Justice Innovation (with zero input from CPCS, any Criminal Defense attorey, or any Bar Advocate).
Seattle Times, Washington State, third of multi-part in-depth article on indigent defense in Washington State
April 5, 2004
Seattle Times, Washington State, second of multi-part in-depth article on indigent defense in Washington State
Massachusetts Lawyers Weekly publishes Letter to editor by Tom Workman/Rob Dimler (List of what bar advocates want and dont want), Beverly Chorbajian (Meaning of Effective Assistance), Glenn Herlihy (Not a fan of unsigned editorials), and Christopher Burke (Few, if any, bar advocates supportive of Romney Plan).
Massachusetts Lawyers Weekly features Representative Knuutilla, who discusses H4321
Massachusetts Lawyers Weekly publishes announcement of MACAA election of officers.
April 4, 2004
Seattle Times, Washington State, writes in-depth article on indigent defense in Washington State
April 3, 2004
Springfield Republican reports Republican Administration will not pay attorneys more.
April 2, 2004
Pennsylvania indigent defense attorney battered by client, held in case
Attorneys in Western Massachusetts decline July duty days.
Television channel 22 in Springfield shows segment on MACAA attendance at Hampden County Bar Association.
April 1, 2004
Massachusetts Lawyers Monthly publishes interview with Danny Windlow, proposing payment of Market Rates to Bar Advocates!
March 29, 2004
Mass Lawyers Weekly publishes letters by Jinanne Elder and Carol Fernandez
Applications being accepted for CPCS annual awards, open position on CPCS Board
Fitchburg publishes article on David Allard, new president of MACAA
Berkshire Eagle re-published article on the pending pay increase proposal.
Boston Globe publishes assessment of pay for Boston Police Officers, the highest in the US.
March 28, 2004
North Adams Newspaper published article on the pending pay increase proposal.
March 25, 2004
MACAA leaders from Bristol and Plymouth counties met with Speaker Finneran, and were joined by MACAA leaders from across the state on March 22, 2004, at a fund raiser for Representative Patricia Haddad.
Indiana Public Defenders stop taking new cases, citing overload.
Holland & Knight releases outline of Statement of Claim in upcoming litigation for fair wages for bar advocates..
March 23, 2004
Massachusetts Lawyers Weekly publishes letters from Attorney Saccoccio, Attorney Cooper, Attorney Dimler, and Attorney Puricelli.
March 16, 2004
Washinhgton Post reports that Indigent Defense in Virginia upgraded with CPCS-like provisions
CPCS releases Annual Report to the Massachusetts Legislature, which includes excellent critique of flat fee proposals
Police officers condemn annual 2.5% wage increases, a rate of increase that, if paid to Bar Advocates over the past 24 years, would have resulted in pay in excess of $60 LAST YEAR for District Court appearances in court..
March 15, 2004
Salem News prints article on budget deficit
Boston Phoenix prints exposee of Romney proposals for House 1
Lawyers Weekly publishes letters from Bill Leahy, E Alexandra Golden and John Paul LaPre, William S. Smith, Chauncey B. Wood, Robin J. Adler, and Sarah K. Connor on the issue of CPCS compensation editorial in last week's Mass Lawyers Weekly.
March 9, 2004
An Op Ed article expressing one opinion of what Bar Advocates are looking for, and what they are not looking for
US Supreme Court Decision prevents introduction of "Excited Utterances"!!!
Mass Bar Association article highlights "Access to Justice" as key problem
Mass Lawyers Weekly Editorial endorses Governor's "unorthodox" plan.
March 4, 2004
Legislature funds snow and ice, cuts all of funds from Supplemental budget for CPCS. The reps who conferenced were from Essex, Worcester and Bristol Counties.
For a retrospective of the bar advocate compensation in 1981, an article from the ABA, see especially pages 15 and 25
Attorneys in Toronto announce strike against government, set for March 11, 2004
In a September 2003 independent study, Salary in Massachusetts for Judges, when adjusted for cost of living, is ranked 44 out of 47
When these same adjustments are applied to Bar Advocate wages, pay drops to $24 an hour, less than HALF of what is paid in over half the states reporting.
Report on the Boston Bar Panel on the Judiciary, by Rob Dimler
Boston Globe publishes story on Boston Bar CLE event
March 2, 2004
Massachusetts ranks third from the bottom in pay of Bar Advocates, Judges, and Public Defenders. Massachusetts ranks third from the top in cost to incarcerate inmates, and in pay to the director of CPCS.
February 28, 2004
Recently rejected Bristol County Corrections officers' contract, if offered to Bar Advocates over last 24 years, would mean minimum pay 20% higher than H4321.
February 27, 2004
Commentary on the Minnesota unconstitutional fee on the Ethics BLOG
Support from Rep David Sullivan for H4321
Ways and Means presentation by Chief Justice Marshall
Press coverage of Chief Justice Marshall's testimony in Boston Globe, Boston Herald, and Springfield Republican
AP Coverage of what constitutes indegency in Taunton Gazette
Bristol County Corrections officers reject 11% three year increase with three years retroactive raises. If applied to Bar Advocate wages from 1981, Bar Advocate hourly rate would be $68.67.
February 26, 2004
WWLP television in Springfield airs coverage of Indigent Fee story, with bar advocate Susan Degrave, video and story available
MACAA issues press release concerning Ways and Means hearings on Funding of Bar Advocates
Minnesota declares statute that funds indigent defense from counsel fees "unconstitutional".
Massachusetts (at $150) charges three times as much as Minnesota ($50) in District Court cases.
February 24, 2004
Cape Cod Times publishes AP article on Romneys plan for reducing legal aid
Ways and Means hearings in Worcester well attended, CPCS presented materials available
Washington Post discusses the problem in Virginia with "caps" on indigent defense, the scheme Romney is proposing in H1
Half of the States in the US have increased the hourly rate paid to bar advocates in the past ten years, 5 states have had at least two pay increases, 8 states have at least doubled the rate paid.
Providence Journal comments on the three tier Romney plan for indigent determination
Boston Herald writes front page expose on Federal CJA assignements to the Mob
Boston Television Channel 5 interviews Bill Leahy on the evening news
February 23, 2004
Mass Lawyers Weekly Letter to the Editor, from Attorney Chauncey Wood
Full text of Attleboro News Article featuring Bar Advocate Garrett F. X. Crowley
The By-Laws of the Bristol Bar Advocates are now online.
February 20, 2004
Lynn Daily Item publishes article on CPCS wages
Western Massachusetts orders CPCS to pay $90 an hour to defend in Superior Court, copy of redacted Order and Affidavit (unredacted originals available for good cause from attorney from Mark Hare)
February 18, 2004
Earlier article in New Bedford Standard Times, Local Bar Advocates Make their case for pay raise
Taunton Gazette covers the CPCS contempt story
Fitchburg Sentinel story interviews David and Nora Allard on compensation issues
Includes Link to Video: Channel 22 does TV coverage on bar-advocagte compensation
Springfield Republican article on bar advocate wages
February 17, 2004
Two new co-sponsors have signed on for H4321, the bill which would increase compensation to bar advocates
Lawyers Weekly Letter to the Editor by Paul Machado
Rejoinder article by Bill Leahy is published in Lawyers Weekly [PDF] [html]
Attleboro Attorney Garrett F.X. Crowley featured in Attleboro Sun article
Written testimony for the H4321hearing on February 3, 2004 by attorney Thomas Workman is online
February 16, 2004
Lawyers Weekly Article on burgeoning Juvenile Caseload
Information on H4321 has been moved to a page dedicated to the status of H4321
Information on membership of committees that are kimportant to H4321 are now available, along with a roster of legislators who are believed to be supportinve of H4321 (we already have 40% of the house supporting the bill).
February 15, 2004
**Corrected at 6:00 PM to fix a problem of hanging up.**
To assist in our efforts to track support for H4321 in the legislature, a password protected database has been constructed to allow MACAA coordinators to enter the support or opposition of each legislator as it relates to H4321. Anyone can view the table constructed from that database (it takes about 20 seconds to extract the data, and create a web page with the results).
To give you an idea of how this facility can be used to track an actual vote, the vote for the Gay Marriage Amendment has been entered. You can view the votes here..
February 10, 2004
CPCS Chief Counsel William Leahy responds to Winslow's Lawyers Weekly article
February 9, 2004
Mass Bar Association article, authored Feb 1 by President Rich Van Nostrand, on indigent defense pay.
Updated list [PDF available] of sponsors for H4321, adding Suffolk Rep the Honorable Shirley Owens-Hicks
Assistance of Legislature Requested: The legislature's computers and phones are being overwhelmed by communications due to the gay marriage issue, they have requested that communications on H4321 be delayed until February 12.
February 7, 2004
A Comparison of the Governor's proposed House 1 to the House 4321 Bill includes photographs of those in attendance at the H4321 Hearing
Winslow pitches H1 to Lawyers Weekly as 'Better Pay for Bar Advocates in a Bitter Economy'
Mass Lawyers Weekly publishes brief article on the hearings, stripping Jim Fagan of his title of 'Attorney'
An article from the Boston Globe in 1981 recaps the pay structure of $35 an hour for in court work.
February 6, 2004
The compensation bill, H4321, now has 65 co-sponsors in the Massachusetts House and Senate.
February 5, 2004
A recap of the results of the Judiciary hearing on H4321 by Anthony Benedetti
A table of revenue collected by Court has been provided by Daniel Winslow
News articles covered the H4321 hearings in Taunton, Boston, Boston, New Bedford, Springfield
Letter to the editor published in Taunton Gazette
Deplorable state of indigent defense in Virginia article
Governor's letter on intent to file supplemental funding bill
February 1, 2004
Boston Globe article on new Massachusetts cuts to indigent legal defense .
January 29, 2004
The Feb 3 legislative hearing written presentation of Bristol County is now available online.
January 28, 2004
MACAA meets with Dan Winslow on evening of January 27, Governor modifies budget (increasing some pay provisions) prior to publication of Governor's budget for CPCS
January 26, 2004
Pilgrim Bar Advocates sends letter on H4321 to all Plymouth Bar Advocates
Massachusetts Lawyers Weekly Letter to the Editor
Print this and take it to Court with you, a professional court announcement of the H4321 Hearings.
Boston Globe publishes articles on wrongful convictions, featuring inadequate bar advocate funding, and enormous costs of incarceration in Massachusetts.
January 18, 2004
Massachusetts Lawyers Weekly publishes analysis of Machado v Leahy court decision
Minutes of the January 14, 2004 monthly CPCS board meeting are posted
A Bristol County Bar Advocate contact list for propagating essential messages to the membership of the Bristol Bar Advocates, has been set up to communicate the upcoming February 3rd hearings in Boston.
The Bristol Conty Bar Advocate Board has recommended that the membership join MACAA, an update on MACAA is available.
Plaintiffs in Machado v Leahy are considering their next action. The Docket of the action is now posted.
January 13, 2004
CPCS publishes letter on FY03 and FY04 funding situation.
Bill Leahy, Pat Wynn and Anthony Benedetti speak to Bristol Bar Advocates in Taunton, Pat Wynn's Notes available
Massachusetts Lawyers Weekly publishes letter from Chief Counsel William Leahy [html] . [PDF]
January 11, 2004
Lawsuit Dismissal covered in front page article in Taunton Gazette.
Legislation which would increase compensation introduced as House 4321.
Fiscal bills died at the end of last year's fiscal session, a clarification of the supplemental process by Anthony Benedetti.
NACDL article on "Agitator of the Year", bar advocate dogs the system.
January 7, 2004
A statistical study of District Attorneys, Bar Advocates, and the general population of Massachusetts Attorneys debunks the Myth that Bar Advocates just do this work for a few years, to get started in the practice of law.
UPDATED Supplemental CPCS Funding Bill to be introduced week of 1/5 in Senate.
Judge Kane dismisses all counts [24 page decision, 2 MB PDF file] of Machado v. Leahy. The plaintiffs have made no decision with regard to appeal.
January 6, 2004
Supplemental CPCS Funding Bill to be introduced Wednesday at 11 AM.
January 4, 2004
MACAA begins a recruiting drive for members, with an open letter to bar advocates.
January 1, 2004
Massachusetts Lawyers Weekly publishes Question and Answer of Daniel Winslow on Bar Advocate issues
An Opinion and Commentary on Winslow's articulation of the Governor's Policy is provided.
December 22, 2003
Massachusetts Lawyers Weekly publishes an excellent Viewpoint article by bar advocate Chauncy Wood
Prominent Cambridge attorney Michael Rich withdraws from CAFL lists.
December 17, 2003
In an abrupt move, the listserve "Privatecounsel" was deleted from the Yahoo website yesterday. The listserve was intentionally deleted. Robin Adler has set up a replacement listserve, open to all, MASSPRIVATECOUNSEL, which is operational and linked to on the main page of this website.
December 16, 2003
The Agenda for the December 13, 2003 meeting, and a list of attendees has been posted.
December 14, 2003
Bar Advocates meet with Dan Winslow to discuss state of Bar Advocate compensation
December 8, 2003
Massachusetts Lawyers Weekly letter to the editor "Comments Were Attempt To 'Intimidate' Lawyers"
December 1, 2003
Massachusetts Lawyers Weekly reports "Bar Advocates get warning from Gov"
November 26, 2003
Understanding Dan Winslow's statement: "Any Lawyer who refuses to work when there's money to pay them will be stricken from the list for life"
Boston Globe reports source of problems in Essex County
November 25, 2003
Headlines in Taunton Gazette: Attorneys angered by gov't
Another resignation from Bristol Superior Court list, Michelle Rioux
New Bedford Bar Association contacts all Massachusetts Bar Associations about crisis.
Salem News reports attorneys return to Court.
November 24, 2003
MACAA responds to Governor Romney's threats with a press release,
CPCS takes steps to permit Quarterly billing in cases outside of Superior Court.
Springfield front page article closes with comment on Bar Advocate crisis. London Times article on bar advocates in the United Kingdom, entitled: Please lets forget the fantasy and stick to the facts
November 22, 2003
Lawrence Tribune publishes warning from Governor
Lawrence Tribune publishes story on District Court difficulties in Lawrence.
Provincetown article published in October is included, Court-appointed attorneys face budget cuts, heavy caseloads.
November 21, 2003
Salem News Front Page article on attorney shortages in Essex County.
Resignations from Superior Court list in Bristol County
November 19, 2003
Boston Globe Editorial: Defending fairness encourages legislature to act on funding shortage.
Massachusetts Lawyers Weekly letter to editor
November 18, 2003
Boston Globe front page article reports Massachusetts bar advocate funding crisis, or click here for original story
November 16, 2003
New York Times reports settlement of New York bar advocate compensation lawsuit
November 15, 2003
As a result of a Freedom of Information Request made by attorney Michele Rioux, the website now contains the names of all Massachusetts Bar Advocates.
Report on Daniel Winslow's Keynote speech is now available.
November 12, 2003
MACAA takes out half page ad in Lawyers Weekly to support override of cut funds
Mass Lawyers Weekly covers story of override campaign
October 31, 2003
Judge Kane hears oral argument on Government's Motions to Dismiss.
October 27, 2003
Mass Lawyers Weekly reports FTC investigation of bar advocates
Boston Globe reports that FTC has terminated their investigation of Bar Advocates
Suffolk Lawyers for Justice release Press Report on FTC terminating investigation
October 25, 2003
Page for the New Bedford Bar Association added
Lessons from the Snow Removal workers, and similarities and differences to bar advocates
October 24, 2003
CPCS posts reports from a study of bar advocate problems in the Western part of Massachusetts, commissioning the Spangenberg Group, to include an executive summary and a seventy-four page report outlining the problems and their proposed solutions.
The snow removal contractors refuse to work this winter, according to a spokesperson for their association (deja vu of the Herald Editorial), prompting an editorial by Thomas Workman
October 22, 2003
Added copies of the FTC letter to Randy Gioia and the response of BBA Past President Joe Kociubes, of Bingham Dana
Explanation of the FTC Investigatory process, with links to the relevant statute.
October 20, 2003
Mass Lawyers Weekly publishes Letter to the Editor, critical of Lessons from the Bar-Advocate Crisis and Commentary: Court-Appointed Work: Bang without the Bucks.
October 18, 2003
Boston Herald publishes article on FTC investigation of Bar Advocates,
which many attorneys believe is the political payback threatened by governor Romney
October 17, 2003
Federal Trade Commission launches Antitrust investigation, Suffolk Lawyers For Justice respond
Boston Globe covers the FTC investigation
CPCS holds first of communication sessions, releases trends on Attorney attrition, copy of 1999 statement of William Leahy
Legislation proposed to expand right to counsel in divorce cases, no additional funding provided in bill
October 15, 2003
Hearing on Lawsuit postponed to October 30, 2003 in New Bedford Superior at 2:00 PM
CPCS begins to recruit attorneys to correct "dire shortage".
October 12, 2003
Actual payments for FY2003 are available, updated model for FY04 funding needed to fund CPCS set rates is now available.
MCLE 4th annual Criminal Law Conference will feature keynote on indigent defense funding by Daniel Winslow.
October 8, 2003
Plaintiff's pleadings are posted, Cover Letter, Appendix, Certificate of Service, and Memorandum.
October 7, 2003
Massachusetts Lawyers Weekly letter to editor concerning MBA/BBA leadership
October 2, 2003
Court enters order for oral arguments on Government's Motion to Dismiss for October 17, 2003
Mass Lawyers Weekly publishes Letters regarding strain of bar advocates, and suggestion to waive BBO Fees for public service attorneys.
Statewide meeting of Bar Advocates set for October 8 in Hopkinton, Mass
Commentary on antitrust implications
September 10, 2003
Court enters Order denying CPCS's counsel request for opportunity to be independently represented.
September 9, 2003
Massachusetts Lawyers Weekly publishes Editorial: Lessons from the Bar-Advocate Crisis, and Commentary: Court-Appointed Work: Bang without the Bucks.
Press Release from the New York Legislature on resolution of pay crisis in New York, as well as the New York statute enacted to correct pay.
September 6, 2003
Commentary on the Rate Calculator in EthicsEsq: Rate Calculator Added to Bristol County Lawyers' Website
Minnesota court declares "indigent counsel fee" to be unconstitutional
September 4, 2003
Bar Advocates will meet to discuss current issues on Friday, in Arlington, Mass
An interactive calculator that computes the additional funds needed to fund the CPCS set compensation rates is now online
CPCS Chief Counsel William Leahy and Chair Willie Davis write to House Speaker Finneran and Senate President Travglini urging prompt overrides to Governor's vetos of FY04 funding.
September 3, 2003
A Pay Rate Calculator has been added which computes the hourly pay rate necessary to comply with statutes, caselaw, and industry standards. Based on industry surveys and data supplied by CPCS, the model provides a quantitative calculation based on hard data.
September 2, 2003
New Posting on the use of the internet in coordinating bar advocates, on EthicalEsq BLOG
Massachusetts Lawyers Weekly publishes three articles/letters this week, a story "The Challenge for Bar Advocates", a letter from Deborah Sirotkin, and a letter from Frank Laski.
The Superior Court issued an order that expanded the scope of the briefing on the Government's motions to dismiss.
August 29, 2003
Read the support for increasing the Federal rate from $90 to $113, as proposed in Federal Legislation
Incorporated link to along with budgets for CPCS for 1995 to present
Massachusetts pays attorneys one of the lowest rates, but charges defendants three times what any other state charges for their representation.
Added link to the National Legal Aid and Defenders Association
Link to an Ethics Opinion: Chief defenders are ethically required to refuse to accept more cases than their agency can competently handle, declares ACCD ethics opinion.
August 28, 2003
Added custom Google Search of the website, so that users can search just this website with Google. The search facility is on the main page, at the bottom, and is reproduced below:
August 27, 2003
Added link to material for the state of Alabama, where bar advocates billed $30 an hour office overhead IN ADDITION to rate paid by state.
The article in Mass Lawyers Weekly that defined how Civil attorney fees are to be set, is now available.
Plymouth County institutes new policy to address diminishing supply of bar advocates.
August 26, 2003
Boston Globe publishes Letter to the Editor , explaining how CPCS's waiting policy forces attorneys to be in court and not get paid.
Updated Press page, and page listing articles critical of the bar advocates, on a BLOG.
A Listserve has been established to permit bar advocates to communicate with one another.
August 25, 2003
Arlington CAFL attorney Deborah Sirotkin Butler and her husband Marc have kindly improved the proposed legislation, and the improved version can be viewed
Boston Globe publishes article on what a bar advocate does
Lowell newspaper publishes article on bar advocates
Massachusetts Lawyers Weekly publishes article on return to work, and letter to editor.
August 23, 2003
CPCS publishes letter of intent to pay money just allocated.
Added a FREE change tracking service (shown here and at the bottom of the main page) that will notify you by email when the main page of the website changes (the webmaster always changes the date and time last modified on the Main webpage, whenever content is changed). You need to enroll with the ChangeDetect service (you will be taken to their webpage) when you enroll.
August 22, 2003
Boston Phoenix and New Bedford Standard Times newspaper articles
Boston Globe article on signing of Supplemental Bill for funding of work done in Fiscal 2003
The history of the H4124 supplemental bill is available on the Commonwealth website
The text of Session Law 55 can be read on the Commonwealth website.
Added lists of articles published in individual newspapers, accessable by clicking on the publication name in the Press page, an example for the Taunton Gazette is available
August 21, 2003
Governor Romney's Press Office says Governor signed Supplemental Budget this afternoon.
Taunton Gazette publishes Court business returning to normal.
Legislation proposed to pay bar advocates interest for late payments, and eliminate 10% penalty.
August 20, 2003
Boston Globe writes an Editorial The Cost of Justice and an article on return to work
Taunton Gazette publishes story of return to work (direct link to article).
August 19, 2003
Suffolk Lawyers for Justice press release announces return to work.
Attleboro newspaper publishes article on work stoppage
Boston Herald publishes article on work stoppage, editorial, and article on return to work.
Governor releases press release, committing to sign the supplemental budget.
Boston Globe article is front page news.
How four representatives made the final push to get the supplemental budget moved
Commentary as to legality of work stoppage
August 18, 2003
Associated Press Article on tentative agreement to pay lawyers.
House and Senate pass Supplemental Budget. Awaiting Governor's signature.
Mass Lawyers Weekly publishes Viewpoint article by William Leahy.
August 17, 2003
Taunton Gazette publishes AP article: Suffolk public defenders refusing new cases.
Boston Globe Letter to Editor
Updated commentary critical of work stoppage can be found here and here.
The New York State Defenders Association website has a link to many press reports from other states around the country.
August 16, 2003
Boston Globe covers Suffolk County refusal to accept cases, in article Public defenders protest lack of pay
August 15, 2003
Newspapers begin to publish the Suffolk County refusal to accept cases, as in the morning Taunton Gazette.
Added a copy of the letter from Bill Leahy to Judge Minehan, referenced in Mr. Leahy's letters to the Senate and House.
August 14, 2003
Suffolk Lawyers for Justice cancel all attorney court assignments effective August 18, 2003. Read the press release here.
Added pleadings in Lawsuit from CPCS, AG cover letter, Opposition, and Appendix to Opposition.
Added copy of letter sent by Bill Leahy to all House and all Senate members.
August 13, 2003
Added new section that deals with the Commonwealth funding issues.
August 12, 2003
Added newspaper article covering August 11 meeting of concerned bar advocates.
Added article in the Iowa Defender's Newsletter on Mass work stoppage, and article in New Bedford newspaper.
August 11, 2003
Added newspaper articles from Aug 7, and Aug 8
Added Attorney General memorandum of Law opposing CPCS independent representation, and Plaintiff amicus memorandum.
Updated status of lawsuit.
August 10, 2003
Organized a page that presents all Press reports on the Lawsuit and other pay issues, click here.
Added information on lawsuits in Oregon and Michigan
August 9, 2003
Added link to Massachusetts Lawyers Weekly article, to read it click here.
Provided a link to the US Supreme Court Case, FTC v Superior Court Lawyers, in the lawsuit page.
August 8, 2003
Fixed a broken link to send email to Counsel. Added a "Home" Icon in the upper left corner of most webpages, to allow users to go to the Home Page for Bristol County Bar. Users are coming to pages through search engines, such as Google and Yahoo, and were unable to find their way to the home page. This should make it easy for readers to explore the entire site.
August 7, 2003
Added an excellent Editorial from the Boston Herald, and two earlier articles from the Springfield News on Attorneys and Experts.
Added a page seeking assistance from other Bar Advocates in responding to the Court's Order.
August 6, 2003
Channel 22 television in Springfield covers the story. Springfield Court shut down when bar advocates refuse to accept cases.
August 5, 2003
Court files Notice of Hearing on request by Mr. Leahy and Mr Davis for separate counsel
Court files Order and Schedule setting forth issues to be briefed and case schedule..
August 4, 2003
Wareham Bar Advocates refuse to fill in for advocates who refuse assignments, Plymouth Bar Advocates recruits from other Courts in an attempt to find attorneys. Recruiting letter incorrectly states that Defendant's rights are being violated.
Boston Globe article published.
Mass Lawyers Weekly covers the situation.
August 3, 2003
Added a Frequently Asked Questions page regarding attorneys not taking new cases
Taunton Newspaper reports refusal to handle a bail argument.
An Open Letter to "fill-in" bar advocates has been added.
July 29, 2003
Boston Globe and Mass Lawyers Weekly cover the story, interview a number of attorneys and CPCS management. Several major TV affiliates in Providence and Boston contact a number of participants, and indicate that stories are being scheduled to be aired in the weeks ahead.
Updates on courts include new courts and new counties, [click here].
July 28, 2003
AP releases story, two major newspapers cover the story, Worcester Star, and the Boston Herald
Updated