Boston Offers $500 Per Case to Plug Public Defender Shortage

Short-term incentive program aims to lure private lawyers to overburdened district and municipal courts.

Apr. 5, 2026 at 3:04pm

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Boston's criminal courts are facing a backlog of cases due to a shortage of public defenders. In response, the Committee for Public Counsel Services (CPCS) has launched a temporary $500-per-case incentive program to encourage private lawyers to take on additional cases in Suffolk and Middlesex counties. While the cash boost may ease the crunch for now, advocates warn that permanent pay and staffing increases are required to address the deeper, systemic issues.

Why it matters

The public defender shortage has left dozens of defendants sitting in limbo without legal representation, leading to missed hearings, tighter pretrial conditions, and even case dismissals. This crisis highlights the need for long-term solutions to stabilize the criminal justice system and ensure fair access to legal counsel.

The details

CPCS is offering a one-time $500 payment for each additional case a private bar advocate accepts in Suffolk and Middlesex counties. The payments stack, so a lawyer who picks up five extra cases could receive $2,500, and someone who takes 15 could net up to $7,500. The program is scheduled to run through June 30, 2026, or end earlier if the waiting list of defendants without counsel in the two counties is cleared.

  • In a recent five-week snapshot, Middlesex courts reported 59 defendants without lawyers, and the Boston Municipal Court reported 44 between Feb. 20 and Mar. 24.
  • As of March 25, 185 attorneys had applied to participate in the CPCS incentive program.

The players

Committee for Public Counsel Services (CPCS)

The state agency responsible for providing legal representation to indigent defendants in Massachusetts.

Sean Delaney

A private defense attorney who called the CPCS incentive program a 'slap in the face'.

Shira Diner

A private defense attorney who cautioned that temporary, short-term fixes will not solve the institutional-scale crisis.

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What they’re saying

“The extra money is a 'slap in the face'.”

— Sean Delaney, Private defense attorney

“Temporary, short-term fixes will not solve what she described as an institutional-scale crisis.”

— Shira Diner, Private defense attorney

What’s next

The state's highest court recently turned down a request from CPCS to allow judges to raise bar-advocate pay, leaving compensation questions squarely in the hands of lawmakers on Beacon Hill. Advocates argue that by deferring to the Legislature, the court has effectively increased the pressure on budget writers and policy makers to act.

The takeaway

This case highlights the urgent need for comprehensive reforms to address the public defender shortage in Massachusetts, including permanent pay increases and staffing boosts, in order to ensure fair access to legal counsel and prevent further backlogs and delays in the criminal justice system.